MAY 2012
PUBLISHED
VOLUME 2 NUMBER 2
QUARTERLY BY THE BAR ASSOCIATION
OF BALTIMORE CITY
PRODUCED BY ZEST SOCIAL MEDIA SOLUTIONS
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BARRISTER: FAMILY LAW EDITION
THE BALTIMORE BARRISTER Editor Carrie McMahon Freeman Chair, News Journal Committee
Committee Members Joshua H. Joseph Dean E. Merritt John H. Price, Jr. Katherine T. Sanzone, Executive Director Patricia A. DeGuilmi, Executive Assistant
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The Bar Association of Baltimore City 111 N. Calvert Street, Suite 627 Baltimore, MD 21202 4105395936 info@baltimorebar.org www.baltimorebar.org
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Adam Sean Cohen, President Andrew Radding, PresidentElect Cynthia L. Leppert, Vice President Hon. Michael W. Reed, Treasurer Robert D. Anbinder, Secretary Jason T. Wasserman, Chair, Young Lawyers’ Division Rebecca B. Ripley, ChairElect, Young Lawyers’ Division Alan Abramowitz Arthur S. Alperstein Hon. Kendra Y. Ausby Charles M. Blomquist Sidney A. Butcher Joshua L. Caplan J. Allan Cohen Gregory P. Currey Hon. William M. Dunn Kristin P. Herber Katherine Kelly Howard Michael R. Hudak Marian C. Hwang Kelly Hughes Iverson Darren L. Kadish Hon. Joseph H.H. Kaplan Edwin L. Keating, III Gregory K. Kirby Dean E. Merritt Yoanna X. Moisides Todd M. Reinecker Brian J. Rudick Mark F. Scurti Hon. Lynn K. Stewart Avery B. Strachan Thomas J.S. Waxter, III Katherine T. Sanzone, Executive Director The Baltimore Barrister is a quarterly publication of The Bar Association of Baltimore City provided to its members at no cost as part of annual dues. Nonmembers subscriptions are available for $50 per year. The Bar Association of Baltimore City (“BABC”) presents the information contained in the Baltimore Barrister, as a service to our members, including members of the general public. While the information is about legal issues, it is not intended as legal advice or as a substitute for your own legal research and investigation or the particularized advice of your own counsel. Further, any practice tips or summaries of cases contained herein cannot be relied upon as being controlling authority. Any opinions express herein are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to third party sites or information are not intended as, and should not be interpreted by you as constituting or implying our endorsement, sponsorship or recommendation of the third party information, products or services found there. We do not maintain or control those sites and, accordingly, make no guarantee concerning the accuracy, reliability or currency of the information found there. Further, the contents of advertisements are the responsibility of advertisers and do not represent any recommendation or endorsement by BABC. BABC >*%&/$.%&7+:#5!(5.8&*.%&!+:>5!!5".&",&*/9$,'5!$>$.'-&5.&5'!&!"#$&*./&*:!"#+'$&/5!6,$'5".3&&4",&5.)",>*'5".&".&!+:>5!!5".!&",&*/9$,'5!5.8-&6*##&",&$>*5#&'($&$/5'",5*#&")=6$!&*'&4105395936/ info@baltimorebar.org. Copyright © 2012 by The Bar Association of Baltimore City.
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BARRISTER: FAMILY LAW EDITION
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!8.-9$#:.)<#&.-$%&=/)>.?%&$ By Kathy Sanzone
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@./#".4$=/)A.$$.& By Adam Sean Cohen, Esq.
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By Hope Tipton, Esq.
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By Laurie M. Wasserman, Esq., Tydings & Rosenberg LLP
D'7N)H1%9(")%&)H1'((O)M1'$) Does It Matter? By Master Theresa A. Furnari & Daniel Preston Dozier, Esq.
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By Family Division Master Anna R. Benshoof
By Tom Martone & J.W. Bennett
By Adam Sean Cohen, Esq.
By Lisa Caplan, LCSW足C,CAC, Lawyer Assistance Program Counselor
By Matthew J. Youssef
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!8.-9$#:.)<#&.-$%&=/)>.?%&$ By Kathy Sanzone
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!"# $%&# '"()*# +,)&# -,)&"# ./"# end, I would like to take this opportunity to thank our dedi cated and hardworking staff who help carry out the mis sion of the BABC, as well as the vision of our leaders. @'$$7)<.P9#(5#N)!8.-9$#:.) 3//#/$'4$ Patty and I have worked to gether at the BABC for over three decades. Pat ty is a professional who does it all membership support, committee support, YLD staff liaison. She is the bookkeeper. The engine that drives our partnership in the Circuit Court PreTrial Settle ment Program. She is the person that greets you when you come to BABC headquarters for your at torney ID card. Patty’s contributions to the suc cess of the Association’s programs and events are immeasurable. Thank you Patty for all that you do. You’re the consummate professional, my right hand, and we couldn’t do it without you! 3(#-#')P#?.N)@9;(#-)H.&:#-./)6%%&"#4'$%& Alicia has been with the BABC since 2005. Her re sponsibilities include managing the Lawyer Refer ral and Information Service, the Fee Dispute Reso lution Program, and Access to Justice (reduced fee legal services program). She has great vision and is truly dedicated to the success of the programs she oversees. In addition to her many BABC duties, Ali cia is a student at the University of Baltimore School of Law. Thank you Alicia for the great job that you do and for the lending hand you always give to Patty and me. You have a very bright future ahead of you! !&4./$#4.)<%-B)'4")F%7)H#.E.( @'&'(.E'(/N)A'G7.&)>.+.&&'()'4") Q4+%&5'$#%4)H.&:#-. Ernestine and Joy have both been with LRIS for over 20 years. They are the front line of the Ser vice. It’s not easy spending 8 hours a day lis tening to the problems of individuals, but they
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continue to do that in a professional and com panionate manner day after day. The citizens of Baltimore and the BABC greatly appreciate their contributions to this important service and thank them for their years of dedicated service. 2.4U'5#4)P&%//5'4N)!/VWN)<#&.-$%& H.4#%&)A.E'()H.&:#-./ Since joining Senior Legal Services just two years ago, Ben has secured additional funding for the pro gram, increased our volunteer pool, increased direct legal services to seniors, and has brought aware ness to seniors in need by reaching out to them at senior centers, churches, housing communities, etc. Ben has recruited many law student interns to assist with the program and has provided them with invaluable mentoring. Ben is well respected by the legal services community and we are so for tunate to have him lead this most important ser vice that we provide to the public. Thank you Ben! >'4U#$)<%&'#/G'57 Ranjid started his service at Senior Legal Services in 2011 as a volunteer. He is now a staff attorney for the Service. Ranjit’s professionalism and com passion for the clients he serves is quite evident. We enjoy Ranjit being part of our team at BABC! F'-V9.(74)F%4./ Jackie joined the BABC’s staff in 2010, serving as the Administrative Assistant to the Senior Legal Servic es Program. I am always amazed at Jackie’s compas sion for the clients they serve. She is patient and kind, a true sign that she cares about Baltimore’s seniors. Thank you Jackie for your hard work and dedication. I would also like to thank Janel Southerland, our volunteer attorney at Legal Services to the Elderly. Your service has been invaluable – thank you! The staff of the BABC appreciates the opportuni ty to serve you, its members, and the community. When given the opportunity, be sure to thank them for their dedicated service.
BARRISTER: FAMILY LAW EDITION
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*4.SD#((#%4SX%9&SC94"&."SH#8$7S!#E1$S 01%9/'4"S!#E1$SC94"&.")H.-%4"/ By Adam Sean Cohen, Esq.
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As you read this, I am count .-0#1$2-#/3,#'-)*#456#3$%&"# of my Presidency, which will end on May 30, 2012, at our 132nd Annual Meeting. I have decided to utilize this, my last publishing oppor tunity, to thank those indi viduals that have made this a successful and memorable bar year. Wishing that this experience would never end, I have converted the measly 408 hours remaining into seconds to as sist with my denial that the end is truly near.
Andrew Radding, our PresidentElect; Cynthia L. Leppert, our VicePresident and incoming Presi dentElect; the Honorable Michael W. Reed, our Treasurer and incoming VicePresident; Robert D. Anbinder, our Secretary and incoming Treasurer; Jason T. Wasserman, Chair, Young Lawyers' Divi sion; and Rebecca B. Ripley, ChairElect, Young Lawyers' Division. This special group provided me 2./3# /3,# ($%&)0,8# ($-'1,-(,8# )-1# %-.;%,# &,"$%&( es to effectively navigate through the still and un steady waters I encountered. I am eternally grate ful for your friendship, trust and encouragement.
The members of my Executive Council: Alan Abramowitz , Chair, Alternative Dispute Resolu Teamwork formed the foundation for the success of tion; the Honorable Judge Kendra Y. Ausby and my bar year. I am humbled by the enormous sac Avery B. Strachan, CoChairs, Bench/Bar; the &.'(,"# 7)1,8# )-1# ($-/&.9%/.$-"# $:8# /3,# :$**$2.-0# Honorable Michael W. Reed, Chair, Budget and Fi individuals: nance; Gregory K. Kirby and Marian C. Hwang, CoChairs, Continuing Legal Education and Katherine Sanzone, Executive Director and Patty Events; Kelly Hughes Iverson , Chair, Judicial DeGuilmi, Executive Assistant: There is not enough Selections; Todd M. Reinecker, Chair, Lawyer Re space available to articulate how appreciative I am ferral and Information Service; Katherine Kelly of the support and expert guidance that you both Howard and Brian J. Rudick, CoChairs, Legisla provided during my Presidency. The Bar Association tion; Andrew Radding, Chair, Long Range Plan is lucky to have you both. Of all of the things I have ning; the Honorable William M. Dunn and Darren experienced as President this term, working closely L. Kadish, CoChairs, Membership; Cynthia L. with the both of you is what I will miss the most. Leppert, Chair, Personnel; Kristin P. Herber and Yoanna X. Moisides, CoChairs, Pro Bono and Ac Alicia Gipe, Director of Public Services; Ernes cess to Legal Services; Edwin L. Keating, III, Chair, tine Dock and Joy A. Siegel, paralegals with Law Professional Ethics; Dean Merritt, Chair, Technol yer Referral and Information Service; Ben Gross ogy; Arthur S. Alperstein, Charles M. Blomquist, man, Director of Senior Legal Services; Ranjit Joshua L. Caplan, Gregory P. Currey, and the Hon Doraiswamy, Staff Attorney, Senior Legal Services; orable Joseph H.H. Kaplan, Elected Members; and Jackie Jones, Administrative Assistant, Se Sidney A. Butcher, J. Allan Cohen, and Mark F. nior Legal Services. Tireless workers and unsung Scurti, MembersatLarge; the Honorable Lynn heroes of this organization, in my opinion. Day K. Stewart, Immediate Past President; Michael in and day out they eagerly deal with the pub R. Hudak, Young Lawyers' Division Treasurer; lic unintentionally creating an over abundance Thomas J.S. Waxter, III, ABA Delegate. With of goodwill for the Bar Association. Please know such a hard working and dedicated group, it is that your efforts are appreciated and needed. very easy to see why the Bar Association pro duced a tremendous amount of work product. I CONTINUED ON PAGE 6 5
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will miss the opportunity to closely observe the blood, sweat, and tears resulting from your efforts. Each and every one of you already had my full re spect, and now you have my eternal gratitude. Special Committees and Substantive Law Com mittees: Jeffrey M. Dier and Catherine C. Opel, CoChairs, Senior Legal Services; Andrew C. Coo per, Chair, Fee Dispute Resolution; the Honorable James F. Schneider, and Master William M. Dunn, CoChairs. Historical; Janine A. Scott, Chair, Gov ernment and Public Interest Lawyers; Carrie Mc Mahon Freeman, Chair, News Journal; Thomas J.S. Waxter, III, Chair, Nominating; the Honorable Lynn K. Stewart, Chair, Past Presidents; Christopher R. West, Chair, Sponsorship; David Mcintosh Williams, Chair, Business Law; Margaret Mead and Dana Middleton, CoChairs, Criminal Law; Hope Tip ton, Chair, Family Law; Anthony F. Vittoria, Chair, Federal Practice; and John H. Price, Jr. and John P. Rufe, CoChairs, Workers Compensation. It goes
without being said that your hard work and dedica tion has enhanced the experience of our member "3.<=##>3."#$&0)-.?)/.$-#3)"#9,,-#"$*.1.',1#:&$7#/3,# ground up, and our membership has been engaged and energized, as a result of your contributions. Lastly, I want to thank my wife, Surena, my three daughters, Kira, Tillula and Jacinda (born a few months ago in February), and my parents, J. Al lan and Ina. Without question, I would not have been able to accomplish or assist in accomplish ing anything as President without your support and understanding. All of you, without hesitation or complaint, picked up the business and fam ily slack that I created by dedicating myself to the Bar Association. I love you all beyond words for )**$2.-0# 7,8# 2./3$%/# &,0&,/8# /$# :%*'**# /3."# 1&,)7=
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2('-B)C#/$%&7)D%4$1)@&%E&'5)F%#4$)G#$1)$1.)A#;&'&7) 6%5?'47)%+)$1.)2'($#5%&.)2'& February 23, 2012
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3"%?$#%4)H9;/#"#./)I)61#(")H9??%&$ By Master William M. Dunn Circuit Court for Baltimore City; Family Law Master in Chancery
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@)-+#)1$</.A,#:)7.*.,"#.-#@)&+*)-1#&,(,.A,#'-)- cial support from the State known as an adoption subsidy. In recent months family law list serves have been inundated with questions and comments regarding how Maryland courts ought to treat adop tion subsidies within the context of a child support matter. Should the subsidy be treated as income to the custodial parent who receives the check each month, or should it be treated as income to the mi nor child? Should the noncustodial parent receive a dollarfordollar set off of his child support obliga tion (similar to social security disability payments) to account for the amount of the subsidy? Should the Courts ignore the subsidy altogether? Maybe the Courts ought to consider the amount of the sub sidy, but only as a factor when considering deviat ing from the recommended child support amount? B-:$&/%-)/,*+8#$-,#2.**#'-1#*.//*,#0%.1)-(,#$-#3$2# to answer these questions from the Maryland appel late courts, which have yet to address this important issue. Fortunately, a number of neighboring juris dictions have given the issue considerable judicial attention, and those decisions, along with various state and federal child support and adoption stat utes give local practitioners some essential guidance. Maryland adoption subsidies are largely a byprod uct of federal legislation intended to promote and subsidize the adoption of children with special needs. Adoption Assistance and Child Welfare Act of 1980, Pub. L. No. 96272. Under the federal law, "/)/,"#/3)/#<)+#9,-,'/"#/$#<)&,-/"#23$#)1$</#,*.0. ble children are reimbursed the cost of the subsidy. In Maryland, “subsidies” may include: money pay ments; medical care; medical assistance; or special services. Md. Code Ann., Fam. Law § 5401 (2011). In order to qualify for any of these subsidies how ever, the local Department of Social Services must '-1# /3)/# $-,# $&# 7$&,# $:# /3,# :$**$2.-0# C"<,(.)*# (.& cumstances” apply to the adopted child: physical or mental disability; emotional disturbance; rec ognized high risk of physical or mental disease; age; sibling relationship; and racial or ethnic fac
tors. Md. Code Ann., Fam. Law § 5403 (2011). Once the adoptive family is approved for the sub ".1+# .-# @)&+*)-18# /3,# '-)-(.)*# 0&)-/# ."# "%9D,(/# /$# an annual reapplication, reevaluation, and reap proval [sic] process. Md. Code Ann., Fam. Law § 5410(d) (2011). What the Maryland Code does not contemplate however, is the dissolution of the adoptive parents’ marital relationship, and the ef fect that both the termination of the marital bond and the award of the adoption subsidy have on the noncustodial parent’s child support obligation. 3W))H1%9(")'4)'"%?$#%4)/9;/#"7);.)$&.'$.")'/) #4-%5.)$%)$1.)-9/$%"#'()?'&.4$)G1.4)-'(-9('$#4E) -1#(")/9??%&$)E9#".(#4./Y There has been at least one state court that has treated an adoption subsidy as income to the custo dial parent. See, e.g. HennesseyMartin v. Whitney, 151 N.H. 207, 855 A.2d 409 (2004). In Hennessey Martin, however, the New Hampshire court ground ed its decision in the language of New Hampshire’s child support statute, which includes within the 1,'-./.$-#$:#)#<)&,-/E"#.-($7,#)-+#7$-.,"#&,(,.A,1# from “other government programs.” Id. at 412. By contrast, Md. Code Ann. Fam. Law § 12201 does not include such language. Because the Maryland child support statute does not include a provision that permits Courts to consider “other government pro grams” as income to the custodial parent, Maryland courts should refuse to follow the holding in Hen nesseyMartin, and it should refuse to include adop tion subsidies as “income” to the adoptive parent who receives the subsidy on behalf of the adoptive child. Moreover, treating the adoption subsidy as income to the custodial parent is problematic for another reason – it runs counter to the express language of Maryland’s Adoption Subsidy Act (hereinafter “the Act”). Section 5408 (b) of the Act provides, “[a]n individual who has been approved by a child placement agency as an appropriate adoptive par ent and who seeks to adopt an eligible child is eli gible to receive a subsidy on behalf of the eligible child regardless of the individual’s income or other CONTINUED ON PAGE 9
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eligibility factors.” (emphasis added). Unlike all $/3,&# :$&7"# $:# .-($7,# ,-%7,&)/,1# )-1# 1,'-,1# .-# Md. Code Ann. Fam. Law § 12201, the adoption subsidy is not received by the adoptive parents on their own behalf; rather, it is received on the ad opted child’s behalf. In addition, the notion that the subsidy is directly attributable to the child is further supported by the fact that the minor child ($-/.-%,"#/$#&,(,.A,#/3,#9,-,'/#,A,-#):/,&#/3,#1,)/3# of both adoptive parents. See Md. Code Ann. Fam. Law § 5408 (c). Finally, treating adoption subsidies as income to the minor child aligns with the over whelming majority of state court decisions, which hold that adoption subsidy payments are intended /$#9,-,'/#/3,#)1$</,1#(3.*1#)-1#)&,#/3,&,:$&,#($- sidered income to the child, not the parent. See, e.g., Hamblen v. Hamblen, 203 Ariz. 342, 54 P.3d 371 (Ct. App.2002) (“…[a]doptive parents are not recipients of Federal adoption assistance programs; rather, adoption assistance programs are made on the child’s behalf to meet his or her needs.” (quot ing U.S. Department of Health & Human Servic es, Child Welfare Policy Manual § 8.4B (2001)); In re the Marriage of Newberry v. Newberry, 346 Ill. App. 3d 526, 805 N.E.2d 640 (2004) (adoption "%9".1.,"# )&,# 9,-,'/"# 9,*$-0.-0# /$# /3,# (3.*1&,-FG# Strandberg v. Strandberg, 664 N.W.2d 887 (Minn. App. 2003) (same); Gambill v. Gambill, 137 P.3d 685, 690 (Okla.Cic.App.2006) (same); In re Pater nity of M.L.B., 633 N.E.2d 1028 (Ind.Ct.App.1994 (foster care payments should be excluded from pa rental income)); Bryant v. Bryant, 218 S.W.3d 565 (Mo.Ct.App.2007) (same) (quoting In re the Mar riage of Eric Dunkle and Michelle H. Valentine, 194 P.3d 462, 465 (2008) (adoption subsidies received by a parent are income of the children on whose behalf they are received, and not income of the parent). After determining that the adoption subsidy should be treated as the child’s income, courts must then decide whether to: (1) consider the child’s income as a direct set off to an award for child support; (2) ignore the child’s income completely when cal culating child support; or (3) consider the child’s income as a reason for deviating from the rec ommended child support amount. An analysis of these three arguments leads to the conclu sion that the last option is the most appropriate.
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2W))H1%9(")'4)'"%?$#%4)/9;/#"7)'-$)'/)')"#&.-$) /.$)%++)$%)')4%4S-9/$%"#'()?'&.4$=/)-1#(")/9??%&$))))))))) %;(#E'$#%4Y)))) In Maryland, when a child receives a derivative "$(.)*# ",(%&./+# 9,-,'/# 1%,# /$# )# <)&,-/E"# 1.")9.*./+8# /3,# )7$%-/# $:# /3)/# 9,-,'/# )(/"# )"# )# 1.&,(/# ",/# $::# to the obligor’s child support obligation. So why not treat adoption subsidies in the same man ner as disability subsidies? The reason Maryland ($%&/"# "3$%*1# -$/# /&,)/# /3,# /2$# 9,-,'/"# ".7.*)&*+# is because Md. Code Ann., Fam. Law § 12204(j), titled “Set off for third party payments,” states: H23,-# )# 1.")9.*./+# 1,<,-1,-(+# 9,-,'/8# )# &,/.&, 7,-/# 1,<,-1,-(+# 9,-,'/8# $&# $/3,&# /3.&1# <)&/+# 1,<,-1,-(+# 9,-,'/# ."# <).1# /$# $&# :$&# )# (3.*1# $:# )-# obligor who is disabled, retired, or is receiving 9,-,'/"# :&$7# )-+# "$%&(,# )"# )# &,"%*/# $:# )# ($7<,- sable claim, the amount of the compensation shall be set off against the child support obligation cal culated using the guidelines. (emphasis added). Adoption subsidies are not one of the third party payments enumerated in the statute as a basis for applying a set off. If the Maryland Legislature in tended adoption subsidies to act as such a set off, it could easily have stated so in the statute. To treat an adoption subsidy in the same manner as a wage 9)",1#"$(.)*#",(%&./+#9,-,'/#2$%*1#9,#/&,)/.-0#/3,# adoption subsidy as income to a parent, rather than to a child. Unlike adoption subsidies, social secu &./+I&,/.&,7,-/#9,-,'/"#<).1#/$#)#(3.*1#)&,#1.&,(/*+# attributable to the obligor. Put another way, but for the obligor’s receipt of the disability/retirement 9,-,'/8#/3,#7.-$&#(3.*1#2$%*1#-$/#9,#,-/./*,1#/$#/3,# 1,&.A)/.A,#9,-,'/=##J+#($-/&)"/8#)-#)1$</.$-#"%9".1+# is solely attributable to the special circumstances of the adopted child, and should be considered the child’s sole income. Thus, Maryland courts should not provide a direct set off to a noncustodian’s child support obligation due to an adoption subsidy be ()%",#"%(3#)#9,-,'/#."#-$/#)//&.9%/)9*,#/$#/3,#$9*.0$&=## 6W))H1%9(")'4)'"%?$#%4)/9;/#"7);.)#E4%&.")G1.4) -'(-9('$#4E)-1#(")/9??%&$Y We now turn to the argument that Maryland courts should ignore the adoption subsidy altogether when calculating child support. Other than those pay 7,-/"# "<,(.'()**+# "/)/,1# .-# @1=# K$1,# !--=8# L)7=# Law § 12204(j), Maryland’s child support guide CONTINUED ON PAGE 10 9
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lines do not permit the income received by a child to be considered in determining the basic child support obligation. Therefore adoption subsidies should be ignored when calculating the basic child support pursuant to the guidelines. (emphasis add ed). However, the Maryland Court of Appeals has previously held that although “initially [a child’s in come] is not normally part of the calculation of the basic child support obligation,” it may be “a relevant consideration in departing from the guidelines.” See Drummond v. State of Maryland, t/u/o Shir ley Drummond, 350 Md. 502, 714 A.2d 163 (1998). <W))H1%9(")$1.)6%9&$)-%4/#".&)'4)'"%?$#%4)/9;/#S "7)'/)');'/#/)$%)".:#'$.)+&%5)$1.)&.-%55.4".") -1#(")/9??%&$)?9&/9'4$)$%)$1.)E9#".(#4./Y Maryland courts are permitted to depart from the guidelines’ recommended child support amount when “the application of the guidelines would be unjust or inappropriate.” Md. Code Ann., Fam. Law § 12202(a)(2)(ii). There may be times that a K$%&/# ($%*1# '-1# /3)/# )# (3.*1E"# &,(,.</# $:# # )-# )1$< tion subsidy makes the recommended child support unjust and/or inappropriate. This approach is con sistent with other states’ child support guidelines, which explicitly provide that a child’s income may be a factor in determining whether to deviate from the guidelines. See Ala. R. Jud. Admin. 32(A)(1)(d); Alaska Civ. R. 90.3(c); In re Guidelines for Child Sup port, 863 S.W.2d 291, 295 (1993); Fla. Stat. Ann. § 61.30(11)(b) (West 1997 & 1998 Supp.); Ill. Rev. Stat. ch. 750, para. 5/505(a)(2)(a) (1993 & 1998 Supp.); Ky. Rev. Stat. Ann. § 403.211(3)(d) (Michie 1984 &1996 Supp.); La. Rev. Stat. Ann. § 9:315.7 (West 1991 &1997 Supp.); Me. Rev. Stat. Ann. tit. 19, § 2007.3.D (West 1998); Michigan Child Support For mula Manual 4 (1998); Minn. Stat. Ann. § 518.551(c) (2) (West 1990 &1998 Supp.); Miss. Code Ann. § 43 19103(b) (1993); Mont. Admin. R. 46.30.1543(1) (m); N.J. Ct. R., Appx. IX.21(l); N.Y. Fam. Ct. Act § 413.1(f)(1) (McKinney 1998); Tex. Fam. Code Ann. § 154.123(b)(3) (West 1996); Vt. Stat. Ann. tit. 15, § 659(a)(1) (1989 & 1997 Supp.); Va. Code Ann. § 20108.1.B.9 (Michie 1995 &1998 Supp.); Wa. Rev. Code § 26.19.075(vii) (1994). Cf. Idaho R. Civ. Pro. 6(c)(6) Section 10(d)(1) (permitting examination of income of a child when parents' income exceeds $ 150,000) (citing Drummond, at 518). The decision to deviate from the recommended child support,
however, will always turn on the unique facts and circumstances of each and every individual case. There are several factors courts should consider in making a determination as to whether an adoption subsidy contributes to the unjustness and/or inap propriateness of the recommended child support ob ligation. First, courts should consider the eligibility requirement for an adoption subsidy as set out in Maryland’s Adoption Subsidy Act. The law states the eligibility for an adoption subsidy is dependant on the “child’s special circumstances, including: (1) physical or mental disability; (2) emotional distur bance; (3) recognized high risk of physical or men tal disease; (4) age; (5) sibling relationship; and (6) racial or ethnic factors.” Md. Code Ann, Fam. Law § 5403. Courts should attempt to determine which of the six factors contribute to the child’s receipt of the subsidy. If a minor child is awarded an adop /.$-# "%9".1+# :$&# )-+# $:# /3,# '&"/# /3&,,# (&./,&.)# :$&# eligibility (physical or mental disability; emotional disturbance; or recognized high risk of physical or mental disease), the possibility that courts will de viate from guidelines should be slim, depending on the cost associated with the child’s particular dis ability, disturbance or disease. The reason devia tion should be less likely in that event is because /3,#'&"/#/3&,,#,*.0.9.*./+#&,;%.&,7,-/"#"%00,"/#/3)/# /3,#9)".(#($"/#$:#&).".-0#)#(3.*1#2./3#"%(3#.-'&7./.,"# would be in excess of the basic needs already taken into consideration by the child support guidelines. On the other hand, when a minor child is award ed an adoption subsidy solely due to any of the three remaining criteria for eligibility (age; sib ling relationship; or racial or ethnic factors), courts should consider the reasonableness and unfairness of the recommended child support more closely. The granting of an adoption subsidy due to any of these last three criteria is based more upon the child’s circumstances which make an adop /.$-# 7$&,# 1.:'(%*/8# &)/3,&# /3)-# $-# (.&(%7"/)-(,"# which make raising the adoptive child more costly. Therefore, if a Maryland court is convinced, based on the assessment of the enumerated factors, that there are special circumstances in any given case that require a minor child to use his adoption sub sidy for extraordinary expenses not considered in CONTINUED ON PAGE 11
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the basic child support calculations, then a devia tion from the guidelines should be less likely. If, however, the court is convinced that there are no special circumstances which require a minor child to spend his income on extraordinary ex penses, then the Court should consider the child’s income as a factor which could diminish the ba sic needs of the child, and thus permit a down ward deviation of the recommended child support.
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to consider an adoption subsidy when calculating child support. By doing so, courts are able to bal ance their desire to meet a child’s basic needs with )#-$-M(%"/$1.)*#<)&,-/E"#-,,1#/$#7,,/#3."#$&#3,&#' nancial responsibilities. In some instances, such as when a noncustodial parent incurs additional expenses in order to maintain a better household for extended access, a downward deviation from guidelines may in fact be the most appropriate way to serve the best interest of an adopted child.
In summary, allowing courts to consider an adop tion subsidy as income to a child, and in certain cir cumstances consider that fact as a reason to devi ate from the guidelines, is the most equitable way
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BARRISTER: FAMILY LAW EDITION
01#&")@'&$7)69/$%"7)6(#.4$/O))C%G) $%)3//#/$)6'&.E#:.&/)G#$1%9$) P%#4E)$%)6%9&$ By Hope Tipton, Esq.
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NanaMom has been raising her two grandchildren, Johnny and Suzie, fulltime since Johnny was two years old and Suzie was eightweeks old. Johnny and Suzie are now 10 years old and eightyears old, respectively, and attending a Baltimore City public school. NanaMom’s daughter was 17years old when she had Johnny; NanaMom helped care for Johnny while her daughter was in school. Sadly, her daugh ter started hanging out with the wrong crowd at school, missing curfew and school, and using drugs. Despite NanaMom’s inquiries, her daughter denied using drugs and being pregnant. Suzie was born with fetal alcohol syndrome and addicted to drugs; Suzie spent eight weeks in the neonatal intensive care unit at The Johns Hopkins Children’s Center. After she gave birth to Suzie, NanaMom’s daughter agreed to go to Mountain Manor Treatment Center, but left the substanceabuse treatment facility soon after starting the program. Johnny and Suzie have different fathers; Johnny’s father was killed in a car accident when Johnny was fouryears old; Suzie’s father is currently incarcerated for murder. Over the last eightyears, NanaMom’s daughter has “droppedin” to see her children once or twice a year.
behavior problems at school. NanaMom has asked Suzie’s school to evaluate Suzie for special educa tion services, but the school principal has told her that the school cannot begin the process without permission from NanaMom’s daughter, despite the fact that NanaMom has been making Suzie’s edu cational decisions since she started at this school three years ago. NanaMom is not interested in go ing to court to pursue custody, because she hopes that her daughter will one day start caring for Johnny and Suzie. NanaMom comes to your of '(,#/$#1."(%""#3,&#$</.$-"#$%/".1,#/3,#($%&/#"+"/,7=#
According to the 2010 census, the number of grand parents caring for grandchildren continues to rise— between 20012010, there has been almost a 19% increase of grandparents caring for their grand children. According to the 2010 census, there are nearly two million children under the age of 18 liv ing in homes with a parent where a grandparent is the head of the household. Of those two million children, 918,453 children live in a home where the grandparent is solely responsible for the grand children living with them. According to the 2010, in Maryland, 112,017 children under the age of 18 live in homes with a parent where a grandparent is the head of the household. Of the 112,017 children, 45,026 children live in a home where the grandpar NanaMom has been making all of the decisions, ent is solely responsible for the grandchildren living without any issues, regarding medical, school, and with them. According the 2010 census, in Baltimore 9,-,'/"# :$&# 3,&# 0&)-1(3.*1&,-# :$&# /3,# *)"/# ,.03/# City, 8,026 children are being solely raised by their years, despite not having a court order granting her grandparents. Interestingly, this is approximately physical and legal custody. However, Johnny’s pedi )# ':/,,-# <,&(,-/# 1,(&,)",# :&$7# N5568# 23,&,# /3,&,# atrician has recommended that he have his tonsils were 98,836 children living under the age of 18 and adenoids removed and when NanaMom took in Maryland homes with a parent where a grand Johnny in for his presurgery appointment, she was parent was the head of the household and of those informed that she could not consent for the surgery, children, 54,323 children live in a home where the because she did not have any paperwork indicating grandparent was solely responsible for the grand that she could consent to medical procedures for children living with them. Despite the national Johnny. NanaMom has also run into obstacles at trend, it appears that there is a decreasing trend Suzie’s school; Suzie has been having academic and of grandparents raising grandchildren in Maryland. CONTINUED ON PAGE 13 12
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There are many hurdles, pitfalls, and impedi ments when a third party caregiver does not have a court order granting the caregiver physical and *,0)*# (%"/$1+=# # >3,# -%79,&# $-,# .""%,# ."# /3,# '-)- cial hardship of raising the children. Generally, ()&,0.A,&"#<&$A.1.-0#()&,#()-#$-*+#&,(,.A,#'-)-(.)*# )""."/)-(,#/3&$%03#/3,#<%9*.(#9,-,'/#"+"/,7#.:#/3,# caregiver has been formally approved by the local Department of Social Services (DSS) and have a court order granting them physical custody. Be cause many of the caregivers do not have a court order granting them custody, it is increasingly dif '(%*/#:$&#/3,#()&,0.A,&#/$#&,(,.A,#<%9*.(#9,-,'/"#$-# behalf of the children. Often times the biological <)&,-/# ."# )*&,)1+# &,(,.A.-0# <%9*.(# 9,-,'/"# :$&# /3,# children and will not consent for custody, because it will stop the biological parent from receiving the <)&/.(%*)&#<%9*.(#9,-,'/=##O$2,A,&8#,A,-#/3$",#23$# )&,# ,*.0.9*,# :$&# <%9*.(# 9,-,'/"8# "%(3# )"# >,7<$&)&+# Cash Assistance, Supplemental Nutrition Assis tance Program (i.e. Food Stamps), Medical Assis tance, childcare subsidies, and housing assistance, do not receive such assistance because they are not aware of their eligibility, do not want to be in volved with DSS, have been erroneously denied the 9,-,'/"8# $&# 1$# -$/# 2)-/# )# C0$A,&-7,-/# 3)-1$%/P= Often times, there are tensions between the care giver and the biological parent, especially if the bio logical parent is inandout of the child’s life. This can cause emotional, behavioral, and academic problems for the child because it often confuses the (3.*1#)"#/$#23$#."#/3,#<)&,-/)*#'0%&,I1,(.".$-M7)Q er in his/her life. Because it creates an emotional rollercoaster for the child, this often spills over into his/her school performance causing academic and behavioral problems in school. Caregivers, without documented decisionmaking power, often face many barriers to getting a child mental health services, because most mental health outpatient facilities require some form of documentation granting the caregiver permission to enroll the child into therapy. There are many reasons why caregivers do not pur sue custody through the court system. Many times, the caregiver cannot afford legal services and is not aware of the free legal service programs that may exist in their communities. Sometimes, as in the case with grandparent caregivers, the care
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giver is elderly and has health concerns, causing them to not have the energy for a custody battle or the court process. However, more often than not, caregivers are concerned with damaging their fam ily unit by involving the court system or hope the biological parents will eventually return and as sume the caregiver role for the children. Despite having this hope, as is NanaMom’s hope, many caregivers raise their grandchildren until they turn 18 years old with very little involvement from the biological parents. So how do we help poten tial clients, who are caring for children, but do not want to pursue custody through the court system? In Maryland, the most effective and easiest way is /3&$%03# /3,# R-:$&7)*# S.-"3.<# K)&,# TRSKF# ):'1) vit through the Department of Human Resources (DHR). IKC is a living arrangement in which a rel ative (blood or marriage) of a child, who is not in the care, custody, or guardianship of the local DSS, pro vides for the care and custody of the child due to a serious parental hardship. In order to be eligible for IKC, both parents must meet one of the following six hardships: (1) Death, (2) Military Assignment, (3) Serious Illness, (4) Substance Abuse, (5) Incarcera tion, and (6) Abandonment. If these requirements are met, then the relative caregiver completes the /&.<*.()/,# ):'1)A./# :$&7# T/3,# /&.<*.()/,# ):'1)A./# must be used) and it is sent into DHR. DHR will /.7,M1)/,#"/)7<#/3,#):'1)A./#)-1#&,/%&-#)#<$&/.$-# $:#/3,#):'1)A./#/$#/3,#()&,0.A,&=##UOV#1$,"#-$/#($- duct any form of home study or investigation of the caregiver nor does the caregiver receive any form $:# '-)-(.)*# )""."/)-(,# /3&$%03# /3,# RSK# ):'1)A./=## >3,#RSK#):'1)A./#."#,::,(/.A,#:$&#$-,#+,)&#)-1#7%"/# be renewed annually. It allows the caregiver to consent to nonemergency medical treatment, men tal health treatment at some medical institutions, school decisions, including enrollment and special ,1%()/.$-8#)-1#,-&$**#/3,#(3.*1#:$&#<%9*.(#9,-,'/"8#.:# eligible. While some school systems require proof of the hardship, most agencies (medical, schools, and UWWF#)((,</#/3,#RSK#):'1)A./#2./3$%/#)-+#<&$$:#$:# /3,#3)&1"3.<=##>3,#9,-,'/#$:#RSK#."#/3)/#./#1$,"#-$/# require the biological parents to do anything nor are the biological parents terminating their parental &.03/"=# # X$%# ()-# 0,/# RSK# ):'1)A./"# /3&$%03# UOV8# the local health department and school systems. CONTINUED ON PAGE 14 13
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IKC should not be confused with Kinship Care through the foster care system within DSS. In @)&+*)-18# Q.-"3.<# ()&,# 7%"/# 9,# ($-".1,&,1# '&"/# when outofhome placement is sought under DSS’ ()&,=##>3,&,#."#7)-1)/$&+#-$/.'()/.$-#$:#0&)-1<)& ents and other close relatives when a child enters foster care and an effort must be made to locate a grandparent or relative. With Kinship Care, a home study is completed of the relative’s home; the relative must go through child abuse and ne glect clearance and a health check of relative; and '-0,&<&.-/.-0# $:# )**# )1%*/"# .-# /3,# 3$7,# 7%"/# 9,# completed. DSS will also consider the relationship between the relative and biological parent and the &,*)/.A,E"#)9.*./+#/$#)""."/#.-#&,%-.'()/.$-=##>3,#&,* ative does not have the right to petition the court directly for Kinship Care. The goal of DSS is for &,%-.'()/.$-8# 9%/# .:# /3."# ."# -$/# <$"".9*,8# /3,# &,*) tive may be able to adopt the child if this is the de sire. With Kinship Care, the caregiver receives a '-)-(.)*#"%9".1+#:$&#,)(3#(3.*1#%-1,&#3."I3,&#()&,=## However, if one of the hardships does not apply for IKC or the child is not in foster care to be eligible for Kinship Care, the biological parent can sign a Limit ed Power of Attorney for Children (POA) that would enable someone, other than the parent, to make decisions for the children. A POA allows someone else, not necessarily a relative, to make decisions, nonemergency medical, mental health, education )*8# <%9*.(# 9,-,'/"8# ,/(=8# :$&# /3,# (3.*1&,-=# # >3,# (%" todial biological parent must sign the POA and the document must be notarized. A caregiver may want to do this if the biological parents are inandout of the children’s life and available to sign the POA. A POA is a bit more formal than the notarized letter. Finally, another possible option for a caregiver is
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Standby Guardianship. A standby guardian is a person appointed to care for a child if the child’s caretakers are physically or mentally incapable of doing so. Standby guardianship does not constitute custody; at anytime, the parent can revoke guard ianship and there is no lose of parental rights. A standby guardianship can be accomplished either through a court order or by parental designation. The key differences between court order and par ent designation is that with parental designation, there is no requirement that incapacitation of the biological parent be imminent and it only re quires one parent’s signature (both parent’s sig nature is required before petitioning the court.) After discussing the options (Informal Kinship Care !:'1)A./8# S.-"3.<# K)&,8# Y.7./,1# Z$2,&# $:# !//$& ney for Children, and Standby Guardianship) with NanaMom, you decide that the Informal Kinship K)&,# !:'1)A./# ."# 7$"/# )<<&$<&.)/,# :$&# [)-)M@$7# to continue to make decisions for Johnny and Suzie, because each of the biological parents meet one of the hardships (death, incarceration, and substance abuse problem). Kinship Care is not appropriate because Johnny and Suzie are not in the foster care system and NanaMom does not want to contact Child Protective Services and involve DSS. The Limited Power of Attorney for Children and Stand by Guardianship are not feasible for NanaMom because it requires the assistance of the biological parents and neither is available in her scenario. Therefore, you assist NanaMama with completing /3,#R-:$&7)*#S.-"3.<#K)&,#!:'1)A./8#23.(3#2.**#)* low her to consent to Johnny’s surgery to remove his tonsils and adenoids and consent to the special education process for Suzie’s educational needs.
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H.4#%&)A'G)<'7)JKLJ April 21, 2012
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0%%)D'47)M&%4E)D#/$'B./O) M1'$)('G7.&/)-'4)(.'&4)+&%5)$1.) Z<%"E.&/)<#:%&-.[ By Laurie M. Wasserman, Esq., Tydings & Rosenberg LLP
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Marriage, money, and baseball have long proved to be strange bedfellows. Adding a postnuptial agreement to the mix makes a real recipe for di saster. The wellpublicized California case of Mc Court v. McCourt is dramatic proof that, to quote Yogi Berra (Baseball Hall of Fame 1973), it is possible to make “too many wrong mistakes.” ZQ+)7%9);9#(")#$N)1.)G#(()-%5.W[) S01.)\%#-.N)X#.(")%+)<&.'5/)]L^_^`) In 1979, Baltimore native Jamie Luskin (daugh ter of former appliance store owner and selfpro claimed “Cheapest Guy in Town” Jack Luskin) married Boston native Frank McCourt. They lived in Boston and raised their four sons. Jamie, hav ing a law degree from University of Maryland, and business degree from M.I.T, worked as real estate and (ironically) family law attorney, and Frank started his own commercial realestate business, The McCourt Company. Jamie later joined The Mc Court Company as her husband’s general counsel. The McCourts’ major projects included development of mixeduse waterfront property in South Boston and converting a defunct Penn Central railroad property into parking lots. The McCourts used their good fortune to purchase several homes throughout the country—including a $16 million dollar man sion in Brookline, Massachusetts, a $19.5 million dollar estate on Cape Cod and a $6 million dol lar ski home in Vail. But, after a business credi tor placed a lien on the McCourts’ Brookline home, they agreed to shelter their nonbusiness assets by putting their homes into Jamie’s name only. Having amassed great wealth, the McCourts wanted to realize their dream of owning a sports team. Baseball was in Frank’s blood, as his grand
father was partowner of the Boston Braves. Af ter several failed attempts to purchase a baseball :&)-(3.",# T"<,(.'()**+8# /3,# J$"/$-# V,1# W$\8# /3,# Anaheim Angels and the Tampa Bay Devil Rays), in 2004, the McCourts purchased the Los Angeles Dodgers from Rupert Murdoch’s News Corp. for $421 million. The franchise included the team, Dodger Stadium and 276 acres of land surround ing the stadium. Frank signed $119 million in <,&"$-)*# 0%)&)-/,,"# /$# <%&(3)",# /3,# /,)7# )-1# ' nanced $125 million using a commercial property owed by The McCourt Company in Boston. Again, to protect their personal assets from business creditors, the Dodgers franchise was purchased in Frank’s name and the properties remained in Ja mie’s name. Jamie was hired as the team’s CEO. ZQ)E9.//)/%5.)5#/$'B./)7%9)4.:.&)/$%?)?'7#4E) +%&W[ S>%7)C%;;/)]?('7.");7)>%;.&$)>."+%&"`N)01.) R'$9&'()]L^_a` After the franchise was purchased, and before Frank and Jamie relocated from Boston to Los An geles, they consulted with their joint estate plan ning attorney, Larry Silverstein, of Bingham Mc Cutchen LLP in Boston. What followed can only be described as, to paraphrase what Branch Rickey once said about Leo “The Lip” Durocher (Baseball Hall of Fame 1967 and 1994, respectively), taking a bad situation and making it immediately worse. The problem here was that Silverstein was not a family law attorney, nor was he admitted to practice law in the State of California. Rather, he proclaimed /$#3)A,#C"%:'(.,-/P#%-1,&"/)-1.-0#$:#K)*.:$&-.)#*)2=## Nevertheless, with the assistance of an estate at /$&-,+#)/#3."#'&7E"#K)*.:$&-.)#$:'(,8#W.*A,&"/,.-#<&, CONTINUED ON PAGE 18 17
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pared a postnuptial agreement and presented it to the parties for signature. There was no disclosure as to the values of the parties’ assets, nor did he ever ask the parties if they wished to alter their respective rights of equitable distribution under Massachu setts law by entering into the agreement. Eventu ally, Silverstein witnessed the parties as they ex ecuted three originals in Boston before they moved. Then, to be, in his own words, “super cautious,” he had the parties execute three more originals right after they settled into their home in California. So, at this point, there were six original signed versions of what was believed to be the same document.
and professional debts he carried. The parties also disagreed over ownership of the team—Frank said that the postnup made the Dodgers his sole prop erty, while Jamie insisted she was an equal own er. While Jamie prepared to litigate the validity of the postnup, a judge awarded her $225,000 per month in temporary spousal support and $412,159 per month to pay the mortgages on the proper ties and all costs associated with seven homes.
^A,-# /3$%03# 3,# 2)"# ")11*,1# 2./3# )# ".0-.'()-/# temporary alimony payment, Frank continued to 7)Q,# *$2M9)**# ",//*,7,-/# $::,&"# /$# ])7.,=# # K$-' 1,-/# /3)/# /3,# K$%&/# 2$%*1# '-1# 3.7# /$# 9,# /3,# "$*,# Z!:.&7)Ja)1%9&/)$1.)G%&(")$9&4/)%:.&)%4)/%5.%4.) owner of the franchise, Frank reportedly offered G1%)G'/)/#$$#4E)%4)$%?)%+)#$Wb to settle the divorce with Jamie by giving her all SP.%&E.)A..)ZH?'&B7[)34".&/%4N)2'/.;'(()C'(()%+) of parties’ properties, in addition to a cash pay X'5.)JKKK ment between $35 and $40 million. Jamie turned down his settlement offer, claiming the postnup >3,#@(K$%&/"#"<,-/#/3,#-,\/#:,2#+,)&"#$-#)#'-)- was invalid because she never intended to give cial rollercoaster. They spent lavishly to maintain up her right to half ownership of the Dodgers. their powerful image, and carried a hefty payroll for the Dodgers. Their combined salaries were $7 mil Z2..4)#4)$1#/)E'5.)%4.)194"&.")7.'&/N);9$)Q)/..) lion dollars, and they reportedly took $108 million 4.G)G'7/)$%)(%/.)c.5)Q)4.:.&)B4.G).8#/$.");.S dollars in personal distributions from the team in a +%&.W[) period of 5 years, tax free. They were able to avoid S6'/.7)Z01.)*(")@.&+.//%&[)H$.4E.(N)2'/.;'(()C'(() paying taxes on the distributions because the team of Fame 1966 was operating at a loss. But, the spending took a toll, and mounting debt and rumors of Jamie’s in >3,#'&"/#<)&/#$:#/3,#1.A$&(,#/&.)*#.-#!%0%"/#N5`5#:$ '1,*./+#<%/#)#"/&).-#$-#/3,.&#3.03M<&$'*,#7)&&.)0,=## cused on the validity of the postnuptial agreement. Exhibit A, the last page of the postnup, listed all On October 14, 2009, the parties announced that af of the parties’ assets (although without their value) ter 30 years of marriage they were separating. They and how they were to be divided in the event of a assured the public that Jamie would stay on as the divorce. All six originals of the postnup had Frank Dodgers’ CEO and turned the focus away from their as the sole owner of the Dodgers. Jamie’s only de divorce and onto the Dodgers’ playoff run. But on Oc fense was that she did not understand that she was tober 22, 2009, one day after the Dodgers were elim giving up her right to the franchise when she signed .-)/,1# :&$7# /3,# <*)+$::"8# ])7.,# 2)"# '&,1# )"# K^_=## the postnup—a tough argument to swallow consid ering her education and experience with complex Y,""#/3)-#$-,#2,,Q#):/,&#3,&#'&.-08#])7.,#'*,1#:$&# agreements and business dealings. It appeared as divorce, requesting that she be awarded half of the if Jamie was going to lose her pursuit of the team. team, which she valued at an estimated $800 mil lion dollars, and half of the couple’s other assets, But, once Jamie’s forensic experts examined which she believed to be worth at least $1.2 bil the six originals, they made a surprising dis lion dollars. She also requested spousal support to covery. In all six originals of the postnup, the cover her expenses, including multiple mortgages, parties’ signature page immediately proceeded a private jet, a fulltime hair and makeup person, Exhibit A. So, when the parties signed the post and a halfdozen country club memberships. Frank nup, there should have been indentations on Ex claimed he had little wealth due to the personal hibit A from those signatures. The experts deter CONTINUED ON PAGE 19 18
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mined that the Boston copies had indentations on Exhibit A, but the California copies did not.
Nevertheless, because two materially different ver sions of the executed agreement existed, and neither ".1,#<&,",-/,1#"%:'(.,-/#,A.1,-(,#.-1.()/.-0#23.(3# Silverstein was called to testify about this incon of the two versions represented the parties’ true in sistency and Jamie’s luck turned. Silverstein ex tent, there was no mutual assent or meeting of the plained that after the California originals were minds when they executed the agreement. The post signed, he noticed a small, but crucial, typo, in nuptial agreement was, therefore, invalid, and Jamie ,)(3# $:# /3,# K)*.:$&-.)# ,\3.9./"=# # W<,(.'()**+8# /3,# and Frank were equal owners of the Dodgers fran three Boston exhibits stated that Frank was the chise under California’s community property laws.# sole owner of all property “including” the Dodg ers franchise. But, the three California exhibits ZD%/$)E'5./)'&.)(%/$N)4%$)G%4W[ substituted the word “including” with “excluding.” S6'/.7)H$.4E.()]'E'#4` Therefore, of the six originals, three had Frank owning the franchise solely and the other three R-#]%-,#N5``8#/3,#U$10,&"#'*,1#:$&#9)-Q&%</(+#<&$ had Frank owing the franchise equally with Jamie. tection just days before the team was expected to miss its payroll. Frank had tried to broker a deal After he discovered this mistake, Silverstein chose with Fox Television which would have advanced him not to mention it to the McCourts. Instead, Silver $385 million, but MLB Commission Bud Selig re stein, believing he had his clients’ “implicit per fused to approve the terms fearing that Frank would mission” to act in such a manner, simply printed use about half of the money to settle his divorce. out three more copies of the Boston exhibit and swapped them with the incorrect California ex After months of highstakes negotiations, in October hibits, bringing all six agreements into accord. 2011, the McCourts settled, with Jamie relinquish ing her onehalf interest in the Dodgers in exchange for Frank paying her a reported $130 million dollars. Q+)7%9)E.$)$1&..)/$&#B./N).:.4)$1.);./$)('G7.&)#4) It is estimated that Frank and Jamie had the most $1.)G%&(")-'4=$)E.$)7%9)%++W[)) SM#((#'5)ZH?%&$)H1#&$)2#(([)\..-BN)F&WN)2'/.;'(()C'(() expensive divorce in California history, collectively of Fame 1991 spending $20 million in legal fees. In other news, taking a cue from Yogi Berra who said: “I never said In a 100page opinion#, Superior Court Judge Scott 7$"/#$:#/3,#/3.-0"#R#").18P#W.*A,&"/,.-E"#'&7#'*,1#)# Gordon explained that the testimony in this matter preemptive suit against Frank McCourt, seeking a “paints a picture of two people who had no involve declaratory judgment that it is not liable for mal ment in the drafting or execution of the [agreement] practice. That suit was dismissed for misuse of the and related documents and further that they so state’s Declaratory Judgment Act.# A malpractice entrusted all maters regarding the [agreement] to "%./# )0).-"/# W.*A,&"/,.-E"# '&7# )<<,)&"# .77.-,-/=## their lawyers, that they did not closely read or did -$/#&,)1#)/#)**8#/3,#1&):/"#$&#'-)*#($<.,"#$:#/3,#A)&. Finally, on March 27, 2012, Frank McCourt and ous [agreements] in this case. This testimony…does /3,# U$10,&"# $:'(.)**+# )--$%-(,1# )-# )0&,,7,-/# not reconcile with the sophisticated business people under which the Guggenheim Baseball Manage 23$#/,"/.',1#)/#/3,#/&.)*#)-1#23$#2,&,#2,**#A,&",1# ment LLC (a partnership of several investors, in on all of the details of the issues and their very com cluding basketball legend Earvin “Magic” Johnson) plex business affairs.”# The Court repeatedly com will purchase the organization for the record price mented that neither Frank or Jamie were credible $:# aN# 9.**.$-=# # !-$/3,&# 0&$%<# $:# ):'*.)/,"8# .-(*%1 witnesses in that regard. The Court also found that ing Frank McCourt, will also purchase the prop Silverstein’s actions, although “troubling” and with erty surrounding the stadium for an additional out any “reasonable explanation,” were not enough $150 million dollars. This historic deal will al to invalidate the agreement in and of itself, because low the Dodgers to reorganize and emerge from W.*A,&"/,.-#)(/,1#2./3$%/#/3,#<)&/.,"E#"<,(.'(#<,&7." Chapter 11 and pay all of their creditors in full. sion and after they already signed the agreement. CONTINUED ON PAGE 20 19
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BARRISTER: FAMILY LAW EDITION
ZQ$=/)G1'$)7%9)(.'&4)'+$.&)7%9)B4%G)#$)'(()$1'$) -%94$/W[ S!'&()M.':.&N)X%&5.&)*&#%(./)D'4'E.&)'4")2'/.S ball Hall of Fame 1996 The lesson from the McCourts’ divorce is that all attorneys who draft agreements—postnup tial or otherwise—need to carefully protect themselves and their clients. One small mis take can be extremely costly, as Frank Mc Court and his lawyer have learned the hard way. 01.&.)'&.)/.:.&'()$1#4E/)('G7.&/)-'4)"%)$%)':%#") $1.)?#$+'((/W LW)d..?)-(%/.)G'$-1)%4)7%9&)"&'+$/W This lesson has nothing to do with your fantasy baseball draft. Rather, it is very typical for agree 7,-/"# /$# 0$# /3&$%03# ",A,&)*# 1&):/"# 9,:$&,# /3,# ' nal version is reached. Be sure to carefully label each draft, by version number and date. Make changes very clear, by using highlighting tools, Redline or good old fashioned handwriting. Do not 7)Q,# )# (3)-0,# )-1# ,\<,(/# /3,# $/3,&# ".1,# /$# '-1# it by combing through the agreement line by line. JW)>.:#.G)$1.)'E&..5.4$)G#$1)')Z+&./1)/.$)%+) .7./W[ After proofreading the same document many times, you can still miss a glaring error. It may help to step away from the document and come back to it on another date and time with “fresh eyes.” Try read ing the sections from back to front or have someone ,*",#.-#/3,#$:'(,#<&$$:&,)1#:$&#+$%=##>3)/#-,2#<,& spective may make all the difference in the world. eW)C':.)$1.)-(#.4$)&.:#.G)$1.)'E&..5.4$)%4.) 5%&.)$#5.)#4)7%9&)?&./.4-.W)) The law presumes that every person is capable of making a valid deed or contract. Rule 1.4 of the Maryland Rules of Professional Conduct requires attorneys to adequately communicate informa tion to our clients and explain the material risks and alternatives so that the client can give his or her informed consent. It is helpful that these con versations take place in a facetoface setting and 9,#1$(%7,-/,1#.-#/3,#()",#'*,=##@,,/#2./3#/3,#(*. ,-/# )-1# 0$# /3&$%03# /3,# '-)*# A,&".$-# $:# /3,# )0&,, ment one more time. Ask them if they have any
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questions and make certain that you answer them. ^"",-/.)**+8# A$.&# 1.&,# +$%&# (*.,-/# .-# +$%&# $:'(,# 9, fore he or she signs it. Keep in mind that a fac tor in the Court’s decision to invalidate the agree ment was that both Frank and Jamie McCourt /,"/.',1# /3)/# /3,+# 1.1# -$/# &,)1# /3,# .-($&&,(/# 1$( uments closely enough to ever detect the errors. aW)C':.)%4(7)%4.)+9((7).8.-9$.")%&#E#4'()'E&..S 5.4$N)G#$1).'-1)?'E.)#4#$#'(."W Unless there is a rule regarding the number of origi nal agreements, it may be safest for there only to be one. Photocopies of it can still have the same force and effect as the original. Each page (including exhibits) should be numbered and initialed by both parties. fW)3(G'7/)#4-(9".)')/.:.&';#(#$7)-('9/.)#4)7%9&) 'E&..5.4$/W)) The provisions in an agreement can be sever able from one another so that if one is deemed invalid, then the other provisions remain in full force and effect. In the McCourts’ case, the agree ment contained such a clause, but the Court could not sever the contradicting exhibits with out any evidence of what the parties’ true inten tions were when they executed the agreement. gW)3"5#$)G1.4)7%9)5'".)')5#/$'B.N)%&)&.+&'#4) +&%5)5'B#4E)#$)'($%E.$1.&W To quote Tim Robbins’ character, Ebby Cal vin (“Nuke”) LaLoosh, from the famous baseball movie Bull Durham: “A good friend of mine used to say, 'This is a very simple game. You throw the ball, you catch the ball, you hit the ball. Sometimes you win, sometimes you lose, some times it rains.’ Think about that for a while.” The standard in practicing law, as well as in base ball, is not perfection. As members of the tribunal, we have an ethical responsibility to be candid in our representation. It is so basic but also bears repeat .-0=# # V)/3,&# /3)-# /&+.-0# /$# '\# +$%&# 7."/)Q,# .-# )-# unethical manner, admit to it and try to make it right. Sometimes you’ll win and sometimes you’ll lose. And, if you are not familiar with an area of law, do not be afraid to turn down a case. As prac titioners learn the hard way, sometimes the best cases are the ones that you do not take. I wonder if Larry Silverstein is thinking the same thing.
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D'7N)H1%9(")%&)H1'((O)M1'$)<%./) It Matter? By Theresa A. Furnari, Family Division Master for the Circuit Court for Baltimore City and Daniel Preston Dozier, Press, Potter & Dozier, LLC
M
May. Should. Shall. For many, the application of these words is unimportant. Not so for the legal com munity; the effect of these words can dictate stan dards of conduct, change the meaning of a contract )-1I$&# .-b%,-(,# /3,# $%/($7,# $:# )# /&.)*=# c,-,&)**+8 “may” is discretionary. “Should” suggests en couraged but not required. And “shall” calls for mandatory action. For the ADR com munity and the Maryland Bar generally, these distinctions are particularly relevant when in terpreting the obligation of attorneys to counsel their clients about the use of ADR. By way of background, in 2005 Maryland was one of 26 states to adopt al most verbatim the American Bar Association’s Model Rules of Professional Conduct. Model Rule 2.1 of the Maryland Rules of Professional Con duct (Model Rule), concerns the advice a lawyer $::,&"# /$# )# (*.,-/=# W<,(.'()**+8# /3,# V%*,# <&$A.1,"# that when offering advice to a client, “a lawyer may refer not only to law but to other consider ations such as moral, economic, social and political factors that may be relevant to the client’s situation.” Rule 1.4 concerns what, when and how a lawyer communicates to a client. When initially adopted, comment 5 of Model Rule 2.1, read: “Similarly, when a matter is like ly to involve litigation, it may be necessary un der Rule 1.4 to inform the client of forms of dis pute resolution that might constitute reasonable alternative to litigation.” (Emphasis added.) When some in the ADR community believed that this revision did not provide enough guidance to attorneys when advising cli ents about the availability of ADR and failed to promote greater use of ADR, comment 5 was revised in 2007 to read: “Similar ly, when a matter is likely to involve litiga tion and, in the opinion of the lawyer, one or more forms of alternative dispute resolution
are reasonable alternatives to litigation, the lawyer should advise the client about those reasonable alternatives.” (Emphasis Added) Despite the fact that this revision fell short of the objective of mandating attorneys to advise their cli ents about the use of ADR, those who sought the (3)-0,#9,*.,A,1#/3,#&,A.".$-#2)"#)#0$$1#'&"/#"/,<= Is it time to take another step forward and seek the mandatory language that eluded our grasp in 2007? There are already a handful of states that have adopted stronger language by replacing “may” with “should” or “shall.”1 The biggest hurdles to ‘shall’ then and now are two fold. One, there was the concern that imposing a mandatory duty could subject an attorney to disci pline when the attorney may have had good reasons not to give the information to the client. Of equal or greater concern was the fear that revision of the rule could expose an attorney to a malpractice claim when the attorney failed to advise the client about the use of ADR. These concerns have not opened /3,#b$$1#0)/,"#$:#*./.0)/.$-#)"#2)&-,1=#d3.*,#/3,&,# have been a few recent cases in Maryland and else where in which the use of ADR was at issue, those ()","#3)A,#0,-,&)**+#9,,-#)9$%/#($-'1,-/.)*./+8#-$/# about attorney malpractice for failure to properly advise clients about the availability of ADR options. There is no reason why an attorney should not fully inform his/her client about all the possible courses of action he or she may pursue before resorting to litigation. In fact, as we all know, attorneys gener ally do advise clients about the various options and costs; failure to do so can, at the very least, lead to unhappy clients. Clients, not their attorneys make the major decisions about the case, ob viously based on information from counsel. Resistance
to
applying
the
mandatory
lan
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guage in the ethical standards may be root ed in a lack of understanding among some at /$&-,+"# )9$%/# /3,# b,\.9.*./+# )-1# A)&.,/+# $: ADR sources and processes. However, un til attorneys are able and willing to fully ad vise their client to the possible uses of ADR, Maryland will never have an informed client pool and attorneys will not have adequate knowl edge about the procedural opportunities avail able when ADR is generally an option to consid er. To change how attorneys advise their clients and most importantly to better serve clients Maryland attorneys should be required to ad vise their clients about the opportunities of ADR in appropriate circumstances. As ADR becomes more commonly used throughout the country, if Maryland attorneys fail to advise clients about the appropriate and relevant ADR op
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tions, they risk unhappy clients and the debate about may versus shall could become irrelevant. Clients will ‘vote with their feet’ and select at torneys who are familiar with ADR options. X%%$4%$./O 1 See for example, Comment 1 to Rule 1.2 of the Virginia State Bar Professional Guidelines: “Within those lim its, a client also has a right to consult with the lawyer about the means to be used in pursuing those objec tives. In that context, a lawyer shall advise the client about the advantages, disadvantages, and availabil ity of dispute resolution processes that might be ap propriate in pursuing these objectives.”(Emphasis added) (http://www.vsb.org/proguidelines/index. php/rules/clientlawyerrelationshop/rule12/)
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01.)2'($#5%&.)2'&&#/$.&)H?%$(#E1$) *4)3)D.5;.&)H.&#./ By Master William M. Dunn
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Master Anna Benshoof grad uated with a B.A. in politi cal science from The George Washington University in 1994 and with a J.D. from the University of Baltimore School of Law in 2000. She has been a Master in the Cir cuit Court for Baltimore City since July of 2009. Prior to her appointment, Master J,-"3$$:# 2$&Q,1# :$&# ,*,A,-# +,)&"# 2./3# /3,# '&7# $:# Butler, McKeon & Associates, P.A. where she prac ticed exclusively in the area of family law. Master Benshoof is active in the Bar Association of Bal timore City, is a former chair of the Family Law Committee, and served for the past three years as cochair of Baltimore City National Adoption Day event. Full Name: Anna R. Benshoof Hometown: Originally, Houston, Texas. Now, Balti more City, Maryland. Undergrad: The George Washington University Law School: University of Baltimore School of Law Married: Yes
Pets: A blind shih tzu we rescued 3 years ago named Squirt. Favorite restaurant: Tie – Bluegrass and Cinghiale If this were Sunday, what would you be doing?: Cooking for the week and/or doing home renova tions. Favorite ice cream: Coffee with chocolate chunks Last book read: Blood, Bones & Butter: The Inad vertent Education of a Reluctant Chef If you had to leave your house (never to return) with only three items, what would you take?: My purse, my dog, and my KitchenAid mixer. Orioles or Ravens: I am prohibited from choosing because my husband represents the Maryland Stadium Authority. If you could live your life over, would you change anything?: I don’t know if I’d change anything, but I might do some things a little differently. Most famous person you met: Chuck Todd from NBC News, but it was well before he was famous. We went to college together and were founding fathers of our band fraternity, Kappa Kappa Psi. Any fears?: Heights.
Children: Just a furry one.
Are you looking to expand your practice? Are you interested becoming involved with a public service?
Join the Lawyer Referral and Information Service
Did you know that there is a FREE fee dispute resolution program?
If you are in need of Mediation or Arbitration Call The Bar Association of Baltimore City 4105395936, ext. 112.
LRIS
For more information visit www.baltimorebar.org/referral LRIS is an ABA certified program, offered by The Bar Association of Baltimore City
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BARRISTER: FAMILY LAW EDITION
P%:.&45.4$h@9;(#-)Q4$.&./$)A'G7.&/) 3G'&"/)>.-.?$#%4 April 17, 2012
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BARRISTER: FAMILY LAW EDITION
A.8#/R.8#/)>./.'&-1)0#? By Tom Martone
L
LexisNexis Public Records provides attorneys and le gal professionals access to a complete legal research solution for gathering intelligence to: Track down ,*%".A,#<)&/.,"G#B-($A,&#3.11,-#)"",/"G#e,&.:+#(,&/.' ()/.$-"G#R-A,"/.0)/,#(&.7.-)*#<)"/G#V,A.,2#($-b.(/#$:# interest in business and personal relationships; Fact '-1#*,0)*#"/)/%"#.-#W,(&,/)&+#$:#W/)/,#)-1#BKK#'*.-0" LexisNexis Public Records for the most accu rate and complete set of public records con
tent available—covering more than 450 million unique individuals, 150 million unique business es and 2,013 tax assessor counties. Beyond pub lic sources, available content includes regulated data, private data and derived information that is not readily available from other providers. 0%5)D'&$%4.)i)eKJWfajWeaje)%&) 0%5WD'&$%4.kA.8#/R.8#/W-%5
@&'-$#-.)0#?
By J.W. Bennett, Librarian, Baltimore Bar Library
A
torney Fees and Expenses (Chapter 14); The Mas ter System (Chapter 15); and the Rights of Un married Cohabitants (Chapter 18). There is also a chapter on Practice and Procedure (Chapter 19).
The Maryland statutory law pertaining to the fam ily is contained in the Family Law Article. Set forth are laws on such matters such as Marriage (Title 2); Spouses (Title 4); Children (Title 5); Di vorce (Title 7); Child Custody and Visitation (Title 9); Alimony (Title 11); and Child Support (Title 12). One can also get a glimpse of the past in the Family Law Article. Title 3 deals with “Breach of Promise to Marry and Alienation of Affections.” To save the curious the time of looking it up, breach of promise actions have been abolished save for pregnant plaintiffs (3102), and actions for alien ation of affections are in fact no more (3103).
There are numerous other works dealing with Maryland family law, some believe it or not, bet ter than others. Three that I would recommend are “Family Law Manual – Maryland” which sets forth the law pertaining to Alimony; Children; Con tempt; Divorce; Procedure; Property Disposition; and Separation Agreements in a concise matter, setting forth cites and quotes for various proposi tions of law. “Maryland Divorce and Separation Law,” ninth edition is a thorough treatment of the law on the subject, and contains law, procedure and forms. With regard to forms “Maryland Fam ily Law Forms” published in 2011 is an invalu able resource setting forth a myriad of material including pleadings, motions and practice forms.
CL)1,&E"# @)&+*)-1# L)7.*+# Y)28P# -$2# .-# ./"# ':/3# edition, is everything a Maryland family law practitioner could want. In addition to mate rial on divorce, alimony and child support there are chapters on matters such as the Uniform Acts (Chapter 8); Domestic Violence (Chapter 10); At
In addition to the above materials there are nu merous journals and law reviews on family law. Three of note are “Family Law Quarterly,” which, yes, is published four times a year, as well as the “Journal Of Law & Family Studies” and the “Jour nal Of The American Academy Of Matrimonial
As the stereotypical image of the family, i.e. the Cleavers or the Huxtables has receded into the past, the practice of family law, never easy to be gin with, has become all the more challenging. Thankfully for family law practitioners there are many excellent resources to help them in their task.
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Lawyers” both of which come out twice a year.
ing the FormFinder and AllForms databases.
All of the numerous sources mentioned in this ar ticle are available at the Baltimore Bar Library. Also available at the Bar Library is access to free and unlimited Westlaw and WestlawNext includ
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Congratulations to the following attorneys who were recently appointed to the Bench in Baltimore City: F.++&.7)DW)P.((.&, Circuit Court for Baltimore City; >'-1.()!(#l';.$1)6%E.4, F.44#+.&)!$1.&#"E., and D.(#//') d'7.) 6%?.('4", District Court of Maryland for Baltimore City. 6&%//G1#$.N) A#5;&#-B) I) H#4-('#&N) AA@, is pleased to announce that Heather R. Beygo has become a partner of the Firm and !5#(7) <9:'(() F%(#-%.9&, former Law Clerk to the Honorable Judith C. En "$&8#3)"#D$.-,1#/3,#L.&7#)"#)-#!""$(.)/,=##>3,#'&7# has moved to 25 Hooks Lane, Suite 310, Baltimore, Maryland 21208.
lected as one of the 35.&#-'4)C.'($1)A'G7.&/)3/S /%-#'$#%4)]3CA3` Pro Bono Champions. Launched this year, the Pro Bono Champions pro gram honors AHLA members who have contributed )/#*,)"/#':/+#3$%&"#<,&#+,)&#/$#<&$#9$-$#2$&Q#.-#/3,# 3,)*/3#()&,#',*1#)-1#<&$A.1,1#",&A.(,"=
Project HEAL is a nationally recognized medical legal partnership that provides pro bono legal ser vices for children and their families. In March 2010, _9,&gS)*,&# 9,()7,# /3,# '&"/# *)2# '&7# /$# <)&/-,&# with Maryland Volunteer Lawyers Service's Project HEAL at the Johns Hopkins Children's Center and the Kennedy Krieger Institute. Through the proj Congratulations to the following BABC members ,(/8# /3,# '&7# <&$A.1,"# *,0)*# )""."/)-(,# /$# (3.*1&,-# who were honored on May 7 by The Daily Record and their families on a variety of issues, including as on one of Maryland’s Top 100 Women: D#-1.(.) special education, housinglandlord/tenant, Social 2&./4#-B)M'(/1; D'&7)6#4')61'('G/B7; 6'&%(#4.)<W) Security Income, guardianship and estate planning. Ciraolo; <#'4.)<=3#9$%(%)6%((#4/; d&#/$#4)@W)C.&;.&; Ober|Kaler's Project HEAL program is coordinated X&'4-#.)H?'14; 2%44#.)H9((#:'4; 34E.(')M1#$$'B.&S by associate \#-$%&#')H9(.&l7/B#. Ms. Sulerzyski is @#%4; and A#4"') HW) M%%(+. 01.) C%4%&';(.) A744) dW) joined by a team of Ober|Kaler lawyers who col H$.G'&$, who has been named Top 100 three times, lectively spent nearly 400 hours providing health will be inducted in the Circle of Excellence. related legal services to pro bono clients throughout the state of Maryland. *&.4)<W)H'($l5'4, a member of 3".(;.&EN)>9"%GN) ! <%&+)I)C.4"(.&N)AA6, has been named the 2012 Mary CREATIVE DISPUTE RESOLUTIONS land Attorney Advocate of the Year by the Baltimore ! district of the Small Business Administration. Mediation, Arbitration, and Other Dispute Resolution Services Throughout Maryland and D.C.!
C'&&#.$)!W)6%%?.&5'48#)#<)&/-,&#.-#/3,#'&7#$:#H'9() !G#4EN) AA@, has become a Fellow of the American College of Trial Lawyers.
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BARRISTER: FAMILY LAW EDITION
P%#4E)P(%;'() By Adam Sean Cohen, Esq.
O
On Tuesday, March 20, 2012 in the Venable Moose Room of the Baltimore Bar Library, I, along with BABC Secretary Robert Anbinder, met with Mor ry Bailes, Vice President of The Law Society of South Australia, and his law partner, Tim White. The meeting was at the request of Mr. Bailes (who was in town for business) and the purpose was to have informal discussions surrounding various is sues facing both our associations, including: Gov
ernance Structures; Relationships between other State Bar associations; Ensuring relevance to members; Limitation of Liability; and Ethics in
formation to members. It was humorous as Mr. J).*,"# )-1# @&=# d3./,# '&"/# 2)*Q,1# .-/$# /3,# @$$",# room when they both paused, looked at each other, looked at the massive moose head, looked at each other again and in unison said “Ahhhhhhhhh hhhhh, now we get it”. It was a good ice breaker for what ended up being a phenomenal meeting. We spoke at length about these issues and many other tangents regarding bar associations in gen eral. We exchanged gifts and took numerous pho tographs to memorialize this global bar meeting. After the meeting, we had an opportunity to take our guests on a tour of the Mitchell Court house as well as a private tour of the Museum of Baltimore Legal History. They were very im pressed with the Courthouse as well as the Mu seum and we were very proud to show it off. I came to the clear realization at the end of the meeting, that bar associations have the same ben ,'/"8#".0-.'()-(,8#)-1#.""%,"8#,A,-#)(&$""#/3,#0*$9,=## The people that join and govern these organiza tions, for the most part, have a great love for the legal profession and a desire to enhance it. Mr. Bailes and Mr. White were in Baltimore for busi ness, but, it was a priority, after traveling 10,488 miles from Adelaide, South Australia, to obtain information to strengthen their organization back home. This was a once in a lifetime opportunity for all of us and I am honored to have been a part of it. (originally published in the April City Bar Report)
n?-%5#4E)Q//9./)%+)01.)2'($#5%&.)2'&&#/$.& 39E9/$)JKLJ)i)H%(%)'4")H5'(()X#&5)@&'-$#-.hP.4.&'()@&'-$#-.)Q//9./ R%:.5;.&)JKLJ)i)6&#5#4'()A'G If you would like to submit articles, ads, or other information for any of the upcoming issues please contact ktsanzone@baltimorebar.org.
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H.4#%&)A.E'()H.&:#-./)JK$1) 344#:.&/'&7)6.(.;&'$#%4 March 29, 2012
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D'&7('4")H$'$.)2'&)3//%-#'$#%4) A'G7.&)3//#/$'4-.)@&%E&'5 M.((4.//)0#?)H1..$ Lisa Caplan, LCSWC,CAC, Lawyer Assistance Program Counselor
3$$.4$#%4)<.,-#$)<#/%&".&)#/)4%$)U9/$)') ?&%;(.5)#4)-1#("&.4
h#B-)9*,#/$#"/)+#$-#/)"Q#1%,#/$#,\/&,7,#1."/&)(/ ibility h#>,-1,-(+#/$#$A,&*$$Q#1,/).*"8#*,)1.-0#/$#,&&$&"#$&# R# $:/,-# 3)A,# *)2+,&"# ($7,# .-/$# 7+# $:'(,# *)%03.-0# incomplete work while telling me they think they have Attention h#L$(%".-0#$-#)#/)"Q#/$#/3,#,\/,-/#$:#9,.-0#$9*.A. U,'(./# U."$&1,&# T!UUF=# # >+<.()**+# ,\<&,"".-0# /3)/# ous to everything going on around you they have a hard time staying organized, focused, and on task. They are surprised when I tell them The good news is that adults with ADD typically are that adults can have ADD and that it is not just high energy, very creative, and think outof the box. a problem that is exclusive to children. This tip An adult with ADD needs to identify their strengths sheet will hopefully shed some light on adult ADD. and create a work environment that supports them.
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!//,-/.$-#1,'(./#1."$&1,&#()-#0$#%-1.)0-$",1#.-#(3.*1 hood. The child may have been able to compensate :$&#3."#<&$9*,7"#$-*+#/$#3)A,#1.:'(%*/.,"#)"#)-#)1%*/# when his responsibilities increased. When trying to 9)*)-(,8#:$&#,\)7<*,8#)#()&,,&8#3$%",3$*18#'-)-(,"8# )-1# :)7.*+8# ./# 9,($7,"# 7$&,# 1.:'(%*/# /$# $&0)-.?,8# focus, stay on task and manage your stress. Jug 0*.-0#"$#7)-+#&,"<$-".9.*./.,"#."#1.:'(%*/#:$&#)-+$-,8# but especially challenging for someone with ADD. Adult ADD can present quite differently in adults and each adult can have very different symptoms. Often symptoms are overlooked because adults don’t typically present with hyperactivity that you see in children. Below is a list of adult ADD symp /$7"=# V,($0-.?.-0# +$%&# "+7</$7"# ."# /3,# '&"/# "/,<# in learning to manage them. You can have as few as one of the following symptoms and still have ADD. h#Z$$&#*."/,-.-0#"Q.**"#i#3)A.-0#)##3)&1#/.7,#&, membering conversations and following directions h#Cj$-.-0#$%/P#2./3$%/#&,)*.?.-0#./8#,A,-#.-#/3,# middle of a conversation h#U.:'(%*/+#<)+.-0#)//,-/.$-#$&#:$(%".-08#"%(3#)"# when reading or listening to others h#W/&%00*.-0#/$#($7<*,/,#/)"Q"8#,A,-#".7<*,#$-,"
01.&.)'&.)5'47)G'7/)$%)'//#/$)/%5.%4.)G#$1) '"9($)3<<W))01./.)#4-(9".O h#^1%()/.$-#:$&#+$%&",*:#)-1#:)7.*+ Support Groups h#K$%-",*.-0 # h#K$77%-.()/.$-#"Q.**" # h#!"",&/.A,-,""#"Q.**" h#>.7,M7)-)0,7,-/#WQ.**" # h#Z&$9*,7M"$*A.-0 # h#@)-)0.-0#7%*/.<*,#1,7)-1"#)-1#1,/).*" Q+)7%9)G%9(")(#B.)+9&$1.&)#4+%&5'$#%4)%4)'"9($)3<<) ?(.'/.)-%4$'-$)$1.)A'G7.&)3//#/$'4-.)@&%E&'5) +%&)+&..N)-%4,".4$#'()'//#/$'4-.)'$ aLKSg_fSj_j_)8eKaL)%&)_KKSa^JSL^ga)8eKaLW
61%%/#4E)$%);.)>./#(#.4$)"9&#4E) <#+,-9($)0#5./ M1'$)#/)>./#(#.4-.Y Resiliency is the ability to bounce back and re cover from a change or hardship quickly without being overwhelmed or acting in harmful ways. Resilient people take charge of their lives and
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BARRISTER: FAMILY LAW EDITION
move forward quickly after a hardship. When a very resilient person experiences a traumatic life event they recover stronger, better, and wiser. M#(()7%9)/..)7%9&/.(+)'/)'):#-$#5)%&)G#(()7%9);.) &./#(#.4$Y It is not the situation; rather how you react to a situation that will determine whether or not you feel like a victim. Research has shown that the least resilient people are those who believe their life is full of stress and blame the way they feel on that stress. They choose not to take an ac tive role in their life and rather allow situations to take control of them and how they feel. Resilient individuals are resistant to stress. They are able /$# *,)&-# :&$7# 1.:'(%*/# "./%)/.$-"8# )1)</# ;%.(Q*+# /$# changing circumstances, and, therefore, come out of situations with more positive outcomes. They take a challenging life experience, learn from it, and see it as an opportunity to improve their life. <.:.(%?#4E)>./#(#.4-7)HB#((/ We are all born with the ability be resilient, but it is something that must be learned. When learn ing to be resilient it is important to focus on: h@).-/).-.-0#)#3,)*/3+#)-1#"/)9*,#,7$/.$-)*#)-1# physical wellbeing. A strong wellbeing helps to keep your energy level up. h#L$(%"#$-#23)/#+$%#()-#(3)-0,#)-1#$-#+$%&# problem solving skills. Research shows that if your focus is on what you can change rather than on how you feel it will lead to better resiliency. h#@).-/).-#"/&$-0#",*:M($-'1,-(,#T-$/#)&&$0)-(,F8# inner strength, and self esteem. h#>3,#)9.*./+#/$#/%&-#)#9)1#"./%)/.$-#.-/$#)#0$$1# "./%)/.$-=##>&+#/$#",,#3$2#/3,#1.:'(%*/#"./%)/.$-#()-# improve your life. *$1.&)1.(?+9()1#4$/)G1.4)+'-.")G#$1)'4)'":.&/.) /#$9'$#%4O)3()H#(;.&$N)@1W)<WN)'9$1%&)%+)>./#(#.4-7) G&%$.O h#X$%&#7.-1#)-1#3)9./"#2.**#(&,)/,#,./3,&#9)&&.,&"# or bridges to a better future. h#V,".*.,-(+#()-E/#9,#/)%03/8#9%/#./#()-#9,#*,)&-,1=# It comes from working to develop your unique com bination of inborn abilities. h#>3,#"/&%00*,#/$#9$%-(,#9)(Q#)-1#&,($A,&#:&$7#
setbacks can lead to developing strengths and abilities that you didn’t know were possible. 6'(()$1.)A'G7.&)3//#/$'4-.)@&%E&'5)+%&)+&..N) -%4,".4$#'()'//#/$'4-.)'4")/?.'B)$%)')-%94/.(%&) '$)aLKSg_f)j_j_)8)eKaL)%&)$%(()+&..)'$)_KKSa^JS 1964
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6%?#4E)G#$1)<#+,-9($)@.%?(. Everyone has someone in their life that is dif '(%*/=# # U.:'(%*/# <,$<*,# 2,# ,-($%-/,&# 7)+# .- clude clients, bosses, coworkers, family mem bers, and people in our personal lives. It would be easy to say just remove yourself from the situation, but that’s not always possible. d3,-# 1,)*.-0# 2./3# 1.:'(%*/# <,$<*,8# ./# ."# 3,*<:%*# /$# understand that there is a correlation between your mental and physical health and the people in your life. Studies have shown that positive, supportive relationships can be good for your mental and physi cal health. However, negative relationships cause a lot of stress and can actually be detrimental to your mental and physical health. It causes emotional wear and tear and therefore affects your physical wellbeing. So, how do you deal with these people? U.:'(%*/# &,*)/.$-"3.<"# )&,# $:/,-# 1%,# /$# /3,# .- teractions between two people. It is usually caused by a pattern of communication that fu ,*"# /3,# ($-b.(/=# #X$%# ()-E/# (3)-0,# $&# ($-/&$*# "$7, one else, but you can look at how you react to that person and your role in the relationship. 0#?/)$%)1.(?)7%9)-%?.)G#$1)"#+,-9($)?.%?(.O hO)A,# )# <$"./.A,# )//./%1,# i# "/)&/# $::# ,)(3# 1)+8# 9, fore you get out of bed, visualizing how you want your day to look and how you want your interac tions with other people to be. For example, you 3)A,# )# 7,,/.-0# 2./3# )# 1.:'(%*/# (*.,-/=# # c$.-0# .-/$# that meeting with a negative attitude will pro duce a negative outcome. Looking ahead and changing your reactions and communication, with that person, can result in a positive outcome. h#J,#()*7i#c,//.-0#%<",/#D%"/#:%,*"#/3,#'&,=##d3,-# you remain calm, you can remain in control. CONTINUED ON PAGE 33
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h#Z&)(/.(,#"/&,""#7)-)0,7,-/#i#U,,<#9&,)/3.-0#."#)# very easy technique to use, but you need to practice it to be able to use it when you need it. It goes like this – inhale through your nose for 5 seconds tying /$#'**#+$%&",*:#2./3#).&#:&$7#+$%&#/$,"#%<=#O$*1#:$&#k# seconds. Exhale through your mouth or nose for 5 sec onds. Repeat 2 more times. Put a sticky note where you feel stressed to remind you to breath. For exam ple, if talking on the phone makes you anxious. Put a sticky note on your phone to remind you to breath. h# U$-E/# /)Q,# 9,3)A.$&# <,&"$-)**+# i# J,3)A.$&# patterns begin in childhood and probably af fect most of the people they have contact with. h# !A$.1# C3$/P# /$<.("# i# S,,<# ($-A,&")/.$-"# -,% tral. Don’t push someone’s buttons discuss ing topics you know they are passionate about. h# d)/(3# $%/# :$&# "$7,$-,# 23$# ."# .-($-"."/,-/# – Someone who is nice to you but trashes oth er people, or who is short, rude or impatient is very likely someone you may not want to trust. >3."# 9,3)A.$&# ."# )# &,1# b)0=# # >3."# <,&"$-# ()-E/# 9,# trusted and can turn this behavior on you too. h# L$(%"# $-# /3,# <$"./.A,# i# >3."# ()-# 9,# 3,*< ful especially when dealing with family, and can make the time together more enjoyable. h#c,/#"%<<$&/#i#V,*+#$-#<,$<*,#23$#3)A,#<&$A,-#/3)/# they are there for you. Talk to someone who you trust and who is a good listener to help you deal with your situation. Look at the pattern of your relationships and behavior and make sure you are choosing healthy people to be in your life. Don’t rely on someone who has let you down or causes a lot of drama and stress. h#Y,/#0$#i#U$-E/#2)./#%-/.*#+$%#)&,#"$#9,)/,-#1$2-# to make a change in your life. When you can, end relationships that are no longer healthy for you. If you don’t know how, ask for help. Learn .-0# /$# /)Q,# ()&,# $:# +$%&",*:# ."-E/# ",*'"3G# ./E"# 3$2# you stay healthy. If you can’t end the relation ship, give yourself space when dealing with a 1.:'(%*/# <,&"$-# )-1# *,)&-# /,(3-.;%,"# /$# ($<,= n4".&/$'4"#4E)"#++.&.4$)?.&/%4'(#$#./)-'4)1.(?) 7%9)-%?.)G#$1)"#+,-9($)?.%?(.)#4)7%9&)(#+.W @'//#:.S3EE&.//#:. This is the person who is upset and angry but in stead of expressing how they feel they let you know in a passive destructive way. For example someone is upset with you and instead of talk
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ing to you walks away without saying a word and doesn’t talk to you for the rest of the day or night. This person is passively resistant and negative to following through with expectations in interper sonal or occupational situations. This behavior can manifest itself as helplessness, procrastina tion, stubbornness, resentment, and sullenness. >3."# ."# )# A,&+# 1.:'(%*/# <,&"$-# /$# 1,)*# 2./3=# # >3,# best way is to be calm and confront the behavior. 6%5?('#4.&/ This person is very fearful, insecure and has no faith in themselves or others. This person can 9&.-0# 1$2-# /3,# 7$&)*,# $:# /3,# ,-/.&,# $:'(,=# # U$-E/# try to convince them to be positive, you will only become exhausted. Instead, look at things ob jectively and share your optimistic point of view. 3EE&.//#:. This is the person who may yell, be demand ing, and expect people to run away from them or &,)(/# 2./3# /3,.&# $2-# )-0,&=# # U$-E/# '03/# $&# )& gue with this person, instead stand up to them by assertively expressing your ideas and views. H4#?.&/ These people are insecure and make themselves feel better by putting others down in subtle ways and by taking potshots. They may make comments, jokes, and give disapproving looks. They are try ing to gain control. The best way to deal with this person is to ask a question to clarify their comment or behavior. For example, “Are you putting me down?” Usually they will try to put it off on you and say, “I’m just kidding.” Questioning this behav ior will usually cut down on these kinds of attacks. Drama Everyone has problems and real issues in life, but this is the person who always makes an issue out of everything. At work they often have an excuse for why they can’t do what they need to. Every thing, big and small, is an issue. This person will drain you of all your energy. The best way to deal with this person is to limit your time with them. Plan your interactions with them to have very clear, concise communication. Be assertive and set lim its on how much drama you are willing to listen to. CONTINUED ON PAGE 34 33
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BARRISTER: FAMILY LAW EDITION
H#(.4$)@.%?(.) These are timid people who may ignore you, or re spond by saying, “I don’t know”. The best way to deal with this person is to ask questions that don’t require a yes or no answer and then wait for a re sponse. You may need to be assertive and ask them why they are not responding to your question.
U$-E/# 0.A,# %<# $-# 1,)*.-0# 2./3# 1.:'(%*/# <,$<*,=## It can take getting help to learn communica tion techniques and new ways of coping. Re member you can’t change someone else but you do have control over yourself and your choices. 6'(()$1.)A'G7.&)3//#/$'4-.)@&%E&'5)+%&)+&..N) -%4,".4$#'()'//#/$'4-.)'$)aLKSg_fSj_j_)8eKaL
R.G)D.5;.&/O)F'49'&7SD'&-1)JKLJ Elizabeth Bayly Adam Beck Brian K. Bishop, Esq. Christina Boffen, Esq. Steven A. Book, Esq. Eric Brichto Gregory Bridges, Esq. Michael Cantor, Esq. Cheryl Chado, Esq. Rebecca J. Coleman, Esq. Reece Dameron, Esq. Anne E. Di Salvo, Esq. Jessica Earlbeck Jeremy Eldridge, Esq. Susan M. Euteneuer, Esq. Keith Ferguson, Jr. Tiffany Patrice Fountaine Rachel M. Goodman, Esq. Shawn R. Harby, Esq. Michael A. Harmon, Esq. J. Peter Haukebo, Esq. Stuart A. Hindman, Esq. Rachel Hirsch, Esq. Marc Hirschfeld, Esq. Michael Huber, Esq. Timothy M. Hurley, Esq. Stanton R. Johnson, Esq. Jamie Joshua, Esq. Conrad W. Judy, III, Esq. Master Andrea F. Kelly Melissa L. Kujda, Esq. Jay Lawlor, Esq.
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Law Student Law Student Regular Member Regular Member Regular Member Law Student Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Law Student Regular Member Regular Member Law Student Law Student Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member
Allison Rachel Levine, Esq. Katherine Levy, Esq. Leianne S. McEvoy, Esq. Pat McKevitt, Esq. Andrew Olen, Esq. Evonne Opoku Maliaka Stacey Phillip, Esq. Jessica Laine Phillips, Esq. Christopher Sean Pike, Esq. Divya Potdar Felichia Pride Heather A. Rice, Esq. Mario Richards Nathaniel Risch, Esq. Josh Shettle Andrew N. Sindler, Esq. David Michael Snyder, Esq. David Solan, Esq. Saleh Stevens, Esq. Jennifer Sullam, Esq. Matthew S. Tidball, Esq. Millicent Esther Tyler, Esq. Justin Wilkinson, Esq. Heather Williams, Esq. Danielle Williamson, Esq. Swapna Yeluri, Esq.
Regular Member Regular Member Regular Member Regular Member Regular Member Law Student Regular Member Regular Member Regular Member Law Student Law Student Regular Member Law Student Regular Member Law Student Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member Regular Member
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T%94E)A'G7.&/=)<#:#/#%4)R.G/ By Matthew J. Youssef, Communications Committee Chair
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It has been an exciting year at for the Young Lawyers Di vision! Since the beginning of the term our membership has increased over 10%. This has been the result of the hard work of our membership commit tee and the encouragement of our existing members to bring their friends into the Bar Asso ciation. I am sure that the ben ,'/"#$:#/3."#+,)&E"#7,79,&"3.<# surge will last far beyond just this year and we hope to continue to see new faces at every single event! An example of our thriving membership drive was one of the spring’s most successful events, the Bond Street Social Networking and Happy Hour Event. For those who couldn’t make it we had a record breaking turnout and were honored that several members the judiciary could take the time to come out and socialize. For the members of the bench who were able to attend, thank you for your time and we hope to continue to see you at future events. The Public Educations Committee is starting to wind down its yearlong collaboration with Highlandtown Middle School after a hugely successful year working with the talented middle school students which has been doing a yearlong study of in People v. Woodson '&"/# ($-1%(/.-0# 7$(Q# (&.7,# "(,-,# .-A,"/.0)/.$-"# in the fall and then a mock trial in the winter and spring. All year this committee and its volunteers have worked hard to create these remarkably suc cessful educational opportunities for the students of Highlandtown and they have a lot to be proud of.
Our Breakfast with the Bench Series contintues to grow as well as YLD members continue to ben ,'/# :&$7# /3,# /3$%03/:%*# *,0)*# 1."(%"".$-"# )-1# *,( tures held across the city each month. This year we hosted events with numerous members of the Baltimore City Circuit Court bench, The Honor able Shirley M. Watts, of the Court of Special Ap peals and The Honorable Joseph F. Murphy, Jr., Retired, Court of Appeals. We thank the many members of the bench who worked hard to con tinue to present valuable CLE to BABC members. Each month this year our events have become bet ter and better attended due in part to the hard work of the committee members and volunteers but it has )*"$#&,b,(/,1#)-#.-(&,)",#.-#&,*,A)-(+#/$#$%&#7,7 bers lives. We are constantly looking for your input in how to better serve you so if you have ideas, want to get involved or just want to know what events are in coming up. Please feel free to contact me or any other member of the YLD Executive Council. I can be reached at mjyoussef@nilesbarton.com. You can also check us out on the Bar Association web site, on facebook, twitter (@babcyld) and linkedin. While we are proud of the YLD accomplish ments so far this year, we are not done. One of /3,# +,)&E"# '-)*# ,A,-/"# 2.**# 9,# $%&# '-)*# 7,79,& ship Happy Hour on June 7th. Please save the date and be on the lookout for more information!
This year we had the largest Annual Holiday Party for Children at the Maryland Science Cen ter and a sold out Bar Association Holiday Par /+# )/# W.*$# Z$.-/l# J$/3# ,A,-/"# 2,&,# '**,1# 2./3# /$$# many volunteers to mention, but we are grate ful nonetheless for everyone who helped out.
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BARRISTER: FAMILY LAW EDITION
6'(.4"'&)!:.4$/ Wednesday, May 30, 2012 Annual Meeting Hyatt Regency Baltimore 5:30 p.m. Monday, June 25, 2012 Baltimore Bar Foundation Annual Golf Outing Fundraiser County Club of Maryland 11:30 a.m.
2'($#5%&.)H%-#'() 6'(.4"'& May 26, 2012 J&,2#)/#/3,#j$$
July 4, 2012 Baltimore’s July 4th Celebration July 7, 2012 African American Festival July 13, 2012 Caribbean Carnival Festival July 14, 2012 Annapolis Irish Festival at Anne Arundel County Fair Grounds July 20, 2012 Artscape July 21, 2012 Polish Festival at the Maryland State Fair Grounds
May 27, 2012 J&,2#)/#/3,#j$$
July 22, 2012 Polish Festival at the Maryland State Fair Grounds
June 2, 2012 Great Grapes Wine & Food Festival at Oregon Ridge
July 27, 2012August 5, 2012 Baltimore Restaurant Week
June 3, 2012 Federal Hill Jazz & Blues Wine & Art Festival
July 28, 2012 German Festival
June 9, 2012 Honfest Annapolis Arts & Crafts Festival at NavyMarine Corps Stadium June 10, 2012 Honfest
July 29, 2012 German Festival
June 13, 2012 StarSpangled Sailabration June 16, 2012 Gun Show at the Maryland State Fair Grounds June 17, 2012 Gun Show at the Maryland State Fair Grounds June 23, 2012 Latinofest at Patterson Park
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August 4, 2012 International Festival at Poly Western High School
BARRISTER: FAMILY LAW EDITION
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BARRISTER: FAMILY LAW EDITION
A lifetime of service… A tradition of excellence
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A%%B#4E)+%&)G'7/)$%)?&%5%$.)7%9&) 29/#4.//)%&)@&'-$#-.Y The recently revived Baltimore Barrister is a great opportunity to reach out to the Baltimore City legal ($77%-./+=#>3,#J)&#!""$(.)/.$-#$:#J)*/.7$&,#K./+#."#$::,&.-0#7,79,&"8#'&7"8#)-1#9%".-,"","#/3,#$<<$&/% nity to purchase print space that can be used for advertisements, promotions, and event announcements. “The Baltimore Barrister is made available both to the entire bar membership as well as various other members of the legal community,” said BABC Executive Director Kathy Sanzone. “It can be a great util ./+#/$#1,*.A,&#7,"")0,"#)-1#.-(&,)",#&,($0-./.$-#:$&#)-+#9%".-,""8#.-(*%1.-0#9$/3#9.0#)-1#"7)**#*)2#'&7"# practices. >3,#-,\/#.""%,#."#"(3,1%*,1#:$&#<%9*.()/.$-#.-#,)&*+#!%0%"/8#N5`N=#>3,#J!JK#)((,</"#'&7#)--$%-(,7,-/"G# )1"#:$&#7,1.)/.$-#",&A.(,"G#(*)"".',1#)1A,&/.".-0#:$&#")*,#$:#./,7"#"%(3#)"#:%&-."3.-08#)%/$"8#3$7,"G#,7 ployment opportunities, etc. X%&)5%&.)#4+%&5'$#%4N)-%4$'-$)d'$17)H'4l%4.N)!8.-9$#:.)<#&.-$%&N)01.)2'&)3//%-#'$#%4)%+)2'($#5%&.) 6#$7N)'$)aLKSfe^Sf^egN).5'#()B/'4l%4.k;'($#5%&.;'&W%&EW)
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BARRISTER: FAMILY LAW EDITION
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aK
BARRISTER: FAMILY LAW EDITION
The Bar Association of Baltimore City 2012-2013 Committee Interest Form Membership alone in the BABC can be a meaningful and valuable contribution to the legal profession and the administration of justice in Baltimore City. Membership connects lawyers with each other, judges and the community; it also assists lawyers with legal practice issues. Membership also brings you the opportunity to participate in one or more of BABC’s committees listed below. Please consider joining in the Association’s committee work by indicating your committee preference below. Name_________________________________________Telephone_________________Fax___________________ Address______________________________________________E-mail___________________________________ STANDING COMMITTEES (Please number selections in order of preference) ______
ALTERNATIVE DISPUTE RESOLUTION Promotes professional and public awareness of alternatives to judicial dispute resolution and in the implementation of a pre-judicial adjudication mediation program.
______
BENCH/BAR Working through a variety of subcommittees, this Committee maintains a dialogue between lawyers and judges in order to plan, promote, and implement the effective administration of justice in the courts.
______
BUDGET & FINANCE Assists the Association’s Executive Director and its Treasurer in the budgeting process, establishing policy concerning the finances of the Association, and plans for the financial stability of the Association.
______
CONTINUING LEGAL EDUCATION Has responsibility for planning the legal educational programming.
______
EVENTS Has responsibility for planning the social events for the Association.
______
JUDICIAL SELECTIONS Reviews and evaluates candidates for appointment to judicial vacancies and submits its recommendations to the Judicial Nominating Commission and the Governor.
______
LAWYER REFERRAL AND INFORMATION SERVICE Evaluates the policies, administration, publicity and effectiveness of the LRIS to insure that the public is well served and that the LRIS is beneficial to our members.
______
LEGISLATION Takes an active part in the legislative process through the review of pending legislation; the submission to the Association’s Executive Council for approval to take action on bills which most directly affect our members; and contact the members of the General Assembly when and where appropriate.
______
LONG RANGE PLANNING Reviews and evaluates the effectiveness and feasibility of the Association’s present programs and makes recommendations for future Association projects pursuant to its development of a strategic plan.
______
MEMBERSHIP Works to increase the Association's membership as well as to identify benefits and services which the Association may provide to its members.
______
PRO BONO AND ACCESS TO LEGAL SERVICES Seeks to carry forward our active commitment to insure that all persons have access to the courts. This committee will also focuses on the local pro bono plan for Baltimore City.
______
PROFESSIONAL ETHICS Prepares advisory opinions for our members and evaluates proposed changes to the Maryland Rules of Professional Conduct, as well as operates the Ethics Hotline.
______
TECHNOLOGY Is responsible for keeping members informed about technological development and upcoming trends, and assisting Bar headquarters in maintaining the Association’s website and in updating its technological needs.
continued on reverse
CONTINUED ON PAGE 42 aK
BARRISTER: FAMILY LAW EDITION
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NAME______________________________________
SPECIAL COMMITTEES (Please number selections in order of preference) ______
ELDERLY LEGAL SERVICES Works with the Legal Services to the Elderly Program and provides assistance with various aspects of the Program, including volunteer recruitment, CLE programs, publicity, studies issues affecting the elderly population of Baltimore City, and recommends systemic change and effective advocacy for Baltimore City’s elderly population.
______
FEE DISPUTE RESOLUTION Has responsibility for assisting clients and attorneys who seek assistance through the Association’s voluntary Fee Dispute Resolution program.
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GOVERNMENT & PUBLIC INTEREST LAWYERS Addresses the special professional and career development needs of lawyers who work for federal, state, local government, or public interest law firms.
______
HISTORICAL Develops and maintains historical records of the Association, provides support for the Museum of Baltimore Legal History, and organizes the Annual Memorial Ceremony to pay tribute to members of the Baltimore Bar who died during the preceding year.
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SPONSORSHIP Develops levels and benefits for the Association’s corporate and law firm sponsorship program and secures the Association’s sponsors.
______
NEWS JOURNAL The News Journal Committee is responsible for publication of the Association’s journal, the Baltimore Barrister, published quarterly.
SUBSTANTIVE LAW COMMITTEES (Please number selections in order of preference)
Substantive Law Committees provide a forum for networking with attorneys in same practice area. In addition, these committees provide education and review legislation relative to the respective practice area. ___ Criminal
____ Business
___ Family
___ Federal Practice
___ Worker's Compensation
The Association is considering adding additional committees. Please indicate if you would be interested in the following committees: ____Banking ____Commercial Litigation ____Consumer Law ____Disability Law ____Employment Law ____Estates & Trusts ____Intellectual Property Law ____Personal Injury Litigation ____Real Estate ____Taxation
Please return by May 23, 2012 to:
Is there a substantive committee you would like to see the BABC add in which you would participate? If so, please list here:___________________ ____________________________________
Andrew Radding, President-Elect The Bar Association of Baltimore City 111 North Calvert Street, Suite 627 Baltimore, Maryland 21202 Fax to 410-685-3420, or email to info@baltimorebar.org
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BARRISTER: FAMILY LAW EDITION
!:#".4-.)@&./.4$'$#%4)!V9#?5.4$)3:'#(';(. <#")7%9)B4%Gooo The Circuit Court for Baltimore City has a limited supply of evidence presentation equipment avail able for rent at reasonable prices. Reserve yours today. Please visit the court’s website: http://www.bal tocts.state.md.us/technology/evidencepresenta tion.htm to view the available equipment and to complete the reservation process. The equipment packages are listed below. Please call John Carter at 4103961760 if you have any questions.
*?$#%4/O)@&#-#4E)'4")H.(.-$#%4 Option A Document Camera, digital projector and/ or 100" screen. Location: All courtrooms in Mitchell Courthouse and Courthouse East, 1 per building Cost: $50 .00 per day Document camera $50.00 per day Digital projector $50.00 per day Screen
Option C Evidence Presentation Podium with wireless integrated control, annotation, and LCD monitors. Minimal use is 3 days. Training is man datory. Location: 2nd Floor Courthouse East Cost: $500 per day Option D Evidence Presentation Podium with wireless integrated control, annotation, and LCD monitors. Minim al use is 3 days. Training is man datory. Y$()/.$-m#4/3#b$$&#@./(3,**#K$%&/3$%", Cost: $500 per day
Option B 3M AllinOne 60" Digital Wall Display Boards. Minimal use is 2 days. Training is manda tory. Location: 1 unit in both Mitchell and East Court houses Cost: $200 per day
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BARRISTER: FAMILY LAW EDITION
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Special Thanks to BABC’s Law Firm Sponsors
Law Offices of Peter G. Angelos, P.C. Ober Kaler Grimes & Shriver Law Offices of Peter T. Nicholl Gallagher Evelius & Jones, LLP Goodell, DeVries, Leech & Dann, LLP Gordon, Feinblatt Rothman, Hoffberger & Hollander, LLC Miles & Stockbridge, P.C. Semmes, Bowen & Semmes Wright, Constable & Skeen, L.L.P. Adelberg, Rudow, Dorf & Hendler, LLC Ballard Spahr, LLP Baxter Baker Sidle Conn & Jones, P.A. The Law Offices of Frank F. Daily, P.A. Fedder & Garten, P.A. Ferguson, Schetelich & Ballew, P.A. Gorman & Williams Hodes, Pessin & Katz, P.A. Kramon & Graham, P.A. Niles, Barton & Wilmer, LLP Rosenberg Martin Greenberg, LLP Salsbury, Clements, Bekman, Marder & Adkins, LLC Saul Ewing LLP Shapiro Sher Guinot & Sandler, P.A. Womble Carlyle Sandridge & Rice, PLLC For information about our sponsorship program, visit us at www.baltimorebar.org, email info@baltimorebar.org or call Bar headquarters at 4105395936.
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BARRISTER: FAMILY LAW EDITION
The Bar Association of Baltimore City encourages its members to patronize the following businesses that generously support our organization. When you contact our sponsors, please mention this ad and that you are a member of the Bar Association of Baltimore City. PLATINUM SPONSORS Bar Association Insurance Agency, Inc. Computers & Communications Group, Inc. The Daily Record (Record Fax) Docu Print Imaging, Inc. Gore Brothers Reporting & Videoconferencing SILVER SPONSORS Creative Dispute Resolutions, LLC Ellin & Tucker, Chartered
IKON Office Solutions, Inc. Legal Images of Baltimore, LLC Multi-Specialty Health Care
Carol Morris Lou Moiani Suzanne Huettner Jennifer Crocetti Joseph Grabowski
410-539-2320 410-418-9699 410-752-3849 410539-3127 410-837-3027
Erik Johnson Steven Manekin, CPA R. Christopher Rosenthal, CPA/ABV, ASA Mike Tagliaferri Grant Ferreira Paula Peters
301-977-8002 410-727-5735
For information about Sponsorship Opportunities, call Bar Headquarter at 410-539-5936.
!
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410-752-4555 410-727-0505 443-983-4693
BARRISTER: FAMILY LAW EDITION
45
The Bar Association of Baltimore City Presents its 132nd Annual Meeting
Wednesday, May 30, 2012
Hyatt Regency Baltimore 300 Light Street Baltimore, MD 21202
5:30 ! 6:30 p.m. Cash Bar 6:30 p.m. Dinner Program The Annual Meeting of the Bar Association of Baltimore City is held in conjunction with the Annual Meetings of the "#$%&'()*+,-./'0121.1#%')%3'45, Baltimore Bar Foundation, Inc. Guest Speaker
The Honorable Rod J. Rosenstein United States Attorney District of Maryland Installation of Officers
The Bar Association of Baltimore City
Andrew Radding, President Cynthia L. Leppert, PresidentElect Hon. Michael W. Reed, Vice President Robert D. Anbinder, Treasurer Gregory K. Kirby, Secretary Rebecca B. Ripley, Chair, YLD Gregory P. Currey, ChairElect, YLD !"#$%&'()*+,-.&/010-0"$ Rebecca B. Ripley, Chair Gregory P. Currey, ChairElect Michael R. Hudak, Treasurer Joshua L. Caplan, Secretary
Baltimore Bar Foundation, Inc.
Hon. Michael W. Reed, President Robert D. Anbinder, Vice President Gregory K. Kirby, Treasurer Paul R. Kramer, Secretary Presentation to 50 Year Honorees represented by William R. Levasseur, Esquire Presentation of the Baltimore Bar Foundation Fellows Award to the Citizens Law Related Education Program of Maryland
For tickets and information call 4105395936, or email info@baltimorebar.org. Register online at www.baltimorebar.org
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BARRISTER: FAMILY LAW EDITION
6#&-9#$)6%9&$)+%&)2'($#5%&.)6#$7)>.:#/.") 3//#E45.4$)%+)F9"E./
January 2, 2012 through December 30, 2012 (Updated: November 29, 2011) Court
Assignment
Admin
Judge At Large
Part 1
Judge
CR/Chambers
Telephone
Judge Marcella A. Holland, AJ
234E/208E
396-3836 & 3837
Criminal
Judge Jeannie J. Hong
464M/462M
396-5140 & 5141
Part 2
Criminal
Judge David W. Young
227E/241E
396-5076 & 5077
Part 3
Civil
Judge W. Michel Pierson, JICC
528E/534E
396-4916 & 4917
Part 4
Criminal
Judge Emanuel Brown
215M/251M
396-1776 & 1777
Part 5
Domestic
Judge Yvette M. Bryant, JICFD
F-2E/126E
396-5102 & 5103
Part 6
Civil
Judge Edward R. K. Hargadon
330E/330E
396-5070 & 5071
Part 7
Criminal
Judge Pamela J. White
636M/636M
396-5056 & 5057
Part 8
Juvenile
Judge Stephen J. Sfekas
A3401 (C-2)
443-263-2796
Part 9
Criminal
Judge Wanda K. Heard
600M/642M
396-4918 & 4919
Part 10
Civil
Judge Stuart R. Berger
225E/209E
396-5008 & 5009
Part 11
Criminal
Judge Lynn K. Stewart
430E/430E
396-5052 & 5053
Part 12
Domestic
Judge Charles J. Peters
F-4E/124E
396-5080 & 5081
Part 13
Criminal
Judge Michael W. Reed
420M/424M
396-5060 & 5061
Part 14
Criminal
Judge Althea M. Handy
400M/466M
396-5054 & 5055
Part 15
Criminal
Judge George L. Russell, III
404E/406E
396-5062 &5063
Part 16
Criminal
Judge Timothy J. Doory
226M/228M
396-5112 & 5113
Part 17
Civil
Judge John Philip Miller
428M/426M
396-5066 & 5067
Part 18
Civil
Judge Martin P. Welch
228E/214 E
396-5082 & 5083
Part 19
Criminal
Judge Gale E. Rasin
509E/505E
396-5132 & 5133
Part 20
Civil
Judge Marcus Z. Shar
203M/245M
396-5100 & 5101
Part 21
Domestic
Judge Yolanda Tanner
F-1E/120E
396-5074 & 5075
Part 22
Civil
Judge Alfred Nance
556E/561E
396-4020 & 4021
Part 23
Criminal
Judge Audrey J. S. Carrion
201/205E
396-5130 & 5131
Part 24
Juvenile
Judge Kendra Y. Ausby
A3401 (C-3)
443-263-2799
Part 25
Juvenile
Judge Robert B. Kershaw, JICJ
A3401 (C-1)
443-263-2793
Part 26
Civil
Judge Lawrence Fletcher-Hill
113M/101M
396-6826 & 6843
Part 27
Criminal
Judge Sylvester Cox
231M/217M
545-3766 & 3767
Part 28
Civil
Judge Evelyn Omega Cannon
523E/531E
545-6235 & 6236
Part 29
At Large
Judge Marcella A. Holland, AJ
234E/208E
396-3836 & 3837 CONTINUED ON PAGE 47
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BARRISTER: FAMILY LAW EDITION
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Part 30
Civil
Judge M Brooke Murdock
230E/252E
545-0115 & 0116
Part 31
Criminal
Judge Barry G. Williams, JICCr
540E/550E
545-3516 & 3517
Part 32
Criminal
Judge John Addison Howard
438M/436M
545-0887 & 0888
Part 33
Domestic
Judge Videtta A. Brown
F-3/122 E
410-361-9311&9312
Part 34
Vacant
Vacant
Part 99
Visiting Judge
Judge Paul E. Alpert
255E
396-1119
Part 98
Visiting Judge
Judge Hilary Caplan
511M
396-4716 & 1187
Part 97
Visiting Judge
Judge David Ross
247E
545-3490
Part 96
Visiting Judge
Judge Dennis McHugh/L. Daniels
396-8057
396-8057
Part 95
Criminal & Civil
Judge John M. Glynn
508E
396-8057
Part 94
Visiting Judge
Judge Carol E. Smith
247E
545-3490
Part 93
Visiting Judge
Judge John Carroll Byrnes
Visiting Judge
545-3423
Part 92
Visiting Judge
Judge Kathleen O’Ferrall Friedman
253E
396-8057
Part 91
Vacant
Vacant
Part 90
Visiting Judge
Judge Ellen M. Heller
Part 89
Visiting Judge
Judge Thomas J. S. Waxter
253
545-3490
Part 88
Visiting Judge
Judge A. Owen Hennegan, Jr.
247
396-8057
Part 87
Vacant
Vacant
396-8057
Part 86
Visiting Judge
Judge Teaette Price
396-8057
Part 85
Visiting Judge
Judge Paul Smith
JJC
396-7361
Part 84
Visiting Judge
Judge Bonita J. Dancy
264E
443-263-8528
Part 83
Visiting Judge
Judge Joseph H. H. Kaplan
JJC
545-3491
Part 82
Visiting Judge
Judge Clifton J. Gordy
255E
396-8057
Part 81
Visiting Judge
Judge Joseph P. McCurdy
396-8057
Part 80
Vacant
Vacant
396-8057
396-8057
Are you looking to expand your practice? Are you interested becoming involved with a public service?
Join the Lawyer Referral and Information Service
Did you know that there is a FREE fee dispute resolution program?
If you are in need of Mediation or Arbitration Call The Bar Association of Baltimore City 4105395936, ext. 112.
LRIS
For more information visit www.baltimorebar.org/referral LRIS is an ABA certified program, offered by The Bar Association of Baltimore City
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